Article Review : Constitutional Law

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Amanda Quinn Constitutional Law Final July 31, 2015 Constitutional Law – Essay Assignment The hypotheticals set forth here cover a variety of constitutional issues, ranging from the rights of U.S. citizens to executive privilege to separation of powers. These cases can be considered in the context of previous Supreme Court cases and the content of the Constitution itself. The first case the Court must tackle is the case of Holmes, the President of the Anarchy Party in Catonsville, Maryland. President Obama has ordered that Maryland turn Holmes over to federal custody where he will be prosecuted as a terrorist. The central component of this case is Maryland’s refusal to turn Holmes over to federal custody. The U.S. has sued Maryland in federal court. The question the Court must answer is whether the U.S. government can sue a state in federal court and if this is a violation of sovereign immunity. States are protected from lawsuit under the 11th Amendment, “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.” In Alden v. Maine, the court found that “sovereign immunity derives not from the Eleventh Amendment but from the federal structure of the original Constitution itself” (Alden v. Maine, 1999). Furthermore, the Court found that sovereign immunity could only be abrogated when a suit
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