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" It is inherent in the nature of sovereignty not to be amenable to the suit of an individual WITHOUT ITS CONSENT. This is the general sense, and the general practice of mankind; and the exemption, as one of the attributes of sovereignty, is now enjoyed... "
Memoir of Roger Brooke Taney, LL.D.: Chief Justice of the Supreme Court of ... - Page 259
by Samuel Tyler - 1872 - 659 pages
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Sovereign Immunity: Hearing Before the Committee on Indian Affairs ..., Part 2

United States. Congress. Senate. Committee on Indian Affairs (1993- ) - Law - 1998 - 1656 pages
...v. Native Village of Noatak. 501 US 77S. 783 n 99-11. As Alexander Hamilton stated: "It is inherent in the nature of sovereignty, not to be amenable to the suit of an •dividual without its consent." The Federalist No. 81, pp. 548-549 (J. Cooke ed. 1961). In contemporary...
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State Rights and Federal Remedies: When are Employment Laws ..., Volume 4

United States. Congress. Senate. Committee on Health, Education, Labor, and Pensions - Business & Economics - 2001 - 56 pages
...federal question jurisdiction of the federal courts, because " [i]t is inherent in the nature of [state] sovereignty not to be amenable to the suit of an individual without [the state's] consent." Id at 54. The Court made no effort to square this reasoning with the Constitution's...
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Narrowing the Nation's Power: The Supreme Court Sides with the States ...

United States. Congress. Senate. Committee on the Judiciary - Law - 2003 - 162 pages
...the Framers of our Constitution. In the Federalist No. 81, Alexander Hamilton stated: "It is inherent in the nature of sovereignty not to be amenable to...enjoyed by the government of every State in the Union." THE FEDERALIST No. 81 , at 487-88 (Hamilton) (Clinton Rossiter ed. 1961) (emphasis in the original)....
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Narrowing the Nation's Power: The Supreme Court Sides with the States

John T. Noonan Jr. - History - 2002 - 222 pages
...sue the state under article HI. Hamilton declared this fear to be without foundation: 'It is inherent in the nature of sovereignty not to be amenable to...enjoyed by the government of every state in the Union.' "In the V1rginia ratifying convention, James Madison had also met objection to the clause creating...
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Cato Supreme Court Review: 2002-2003

James L. Swanson - Law - 2003 - 308 pages
...preexisting right of state governments. 14 More particularly, Hamilton insisted that "[i]t is inherent in the nature of sovereignty not to be amenable to the suit of an individual without its consent." 15 Consequently, the "Sovereign Immunity Cavalry" have insisted over the last seven years that Congress...
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The Federalist: With Letters of Brutus

Alexander Hamilton, James Madison, John Jay - History - 2003 - 642 pages
...securities. A suggestion which the following considerations prove to be without foundation. It is inherent in the nature of sovereignty, not to be amenable to the suit of an individual w1thout its consent. This is the general sense and the general practice of mankind; and the exemption,...
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The Most Activist Supreme Court in History: The Road to Modern Judicial ...

Thomas M. Keck - Political Science - 2010 - 393 pages
...propositions that "each State is a sovereign entity in our federal system; . . . that it is inherent in the nature of sovereignty not to be amenable to the suit of an individual without its consent [; and] that federal jurisdiction over suits against unconsenting States was not contemplated by the...
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The State Immunity Controversy in International Law: Private Suits Against ...

Ernest K. Bankas - Law - 2005 - 564 pages
...concept of immunity. And this is clearly supported by Hamilton when he asserted that "It is inherent in the nature of sovereignty, not to be amenable to the suit of an individual without its consent."37 Indeed, these ideas in respect of the supremacy of the sovereign can be traced to the writings...
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The Federalist: A Collection of Essays, Written in Favour of the ..., Volume 1

Alexander Hamilton, James Madison, John Jay - Constitutional history - 2005 - 630 pages
...amenable to the fuit of an individual ivitbcut its fonfent. This is the general fenfe and the genera! practice of mankind ; and the exemption, as one of the attributes of fovereignty, is now enjoyed by the government of every ftate in the union. Unlefs therefore, there...
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Litigation with the Federal Government

Gregory C. Sisk - Law - 2006 - 694 pages
...the United States Constitution. Hamilton, writing in The Federalist 81, wrote that "[i]t is inherent in the nature of sovereignty not to be amenable to the suit of an individual without its consent."12 Madison, who played a leading role in the drafting of the Constitution at the convention,...
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