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LeftInTX

(31,345 posts)
6. The 11the Amendment applies to the TikTok ban more than anything.
Fri Jan 17, 2025, 01:41 PM
12 hrs ago

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

International law scholar Thomas H. Lee argues that foreign states were intended to be excluded from the Eleventh Amendment's prohibition—i.e., that foreign governments would still be permitted to sue state governments.[14] However, in Principality of Monaco v. Mississippi, 292 U.S. 313 (1934), the Supreme Court ruled that the amendment also protects states from lawsuits by foreign entities, which Lee considers a departure from established jurisprudence;[15] his thesis is that the Eleventh Amendment exempted foreign governments in order to allow recourse for violations of treaty obligations, which in turn promoted positive and peaceful foreign relations between a fledgling U.S. and the international community.[15] Lee likewise argues that the Eleventh Amendment reflected the international legal principle of sovereign equality, whereby foreign states were of equal legal status to the U.S. states, and as such could bring lawsuits.[16]

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