Talk:Ex parte Young

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[Untitled][edit]

I think this could have more info on the Supremacy Clause - i.e. why these legal fictions were created, rather than a simpler assertion that the Supremacy Clause trumped the 11th where a conflict occured. [krm]

No one who believes in sovereign immunity claims that originates in the 11th Amendment. Rather, it is claimed that it originates in the Constitution, was partially (and incorrectly) eliminated under the Chisholm decision, and that the Chisholm decision was overriden by a very narrow, specific amendment (the 11th Amendment) to reinstate the original character of sovereign immunity under the Constitution (see the Alden decision).

Therefore, I changed the characterization that an officer could still be a private person for 11th Amendment purposes to that he could be a private person for sovereign immunity purposes.

Contextualization[edit]

As a citizen of a State. I have noticed contextualization by state employees, How can I sue for "vested intrest" if a state employee hides behind "color of law". And States Attorney claims "immunity" for employee, even when the plaintiff has physical evidence? 174.255.0.19 (talk) 18:29, 29 December 2021 (UTC)[reply]