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View Diary: SCOTUS: "Step Away From The Vehicle" Applies To Police, Too. (248 comments)

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  •  Sorry, he's an utter moron (1+ / 0-)
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    lotlizard

    but you don't know what the fuck you are talking about.

    Says you:

    The 11th Amendment says federal courts cannot hear lawsuits against a state brought by "Citizens of another State, or by Citizens or Subjects of any Foreign State." But it's been interpreted to block suits by a state's own citizens - something it clearly does not say. How to get around the Constitution's express words? In a 1991 decision, Justice Scalia wrote that "despite the narrowness of its terms," the 11th Amendment has been understood by the court "to stand not so much for what it says, but for the presupposition of our constitutional structure which it confirms." If another judge used that rationale to find rights in the Constitution, Justice Scalia's reaction would be withering. He went on, in that 1991 decision, to throw out a suit by Indian tribes who said they had been cheated by the State of Alaska.

    Too bad, so sad.

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