Question
8. How did a majority of the Court answer the question about the location of sovereignty under the U.S. Constitution? What role did that conception
8. How did a majority of the Court answer the question about the location of "sovereignty" under the U.S. Constitution? What role did that conception of sovereignty play in its analysis?
9. With respect to those justices who supported federal jurisdiction over Chisholm v.mGeorgia, did they agree that each state benefitted from immunity to suit by individuals before the Constitution? After ratification of the Constitution, could each state continue to assert such immunity in actions filed in its own court system? What, if anything, in the ratification debates and Judiciary Act of 1789 shed light on these questions?
4. What is the holding of the Court in Chisholm v. Georgia with regard to whether states may be required to defend in federal court actions for damages instituted by citizens of another state?
1. How does the Court in Cohen v. Virginia describe its power to construe the Constitution? (Make sure to address the other branches in your description and how you think the Court asserts where its role lies "special or superior" to the others?)
2. The Court in Cohen v. Virginia also describes its duty to exercise its jurisdiction. Summarize the Courts position including when it thinks it may decline to exercise.
3. Return to the letters to President Washington and the decisions in the Revolutionary War pension cases, is the description that the Court provides of case or controversy requirement consistent with the views expressed in those earlier writings? Why or why not?
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