Description

Are the states sovereign? Is Amendment X still fully in effect? In a landmark ruling, THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT held State sovereign immunity bars the FMC from adjudicating a pri-vate party’s complaint against a nonconsenting State. Pp. 6–25. Among other issues addressed, this ruling simultaneously addresses two key post 9/11 issues;
1) Are the federal states of the union [still] sovereign? (Yes)
2) Is the federal Administrative Agency authority and jurisdiction superior to the sovereign states of the union? (No)

STATE SOVEREIGN IMMUNITY

FMC v. South Carolina State Ports Authority, No. 01-46 (U.S. May 28, 2002) (State sovereign immunity bars agency from adjudicating private party's complaint against a nonconsenting State)