Issue
A little over a decade earlier, in Fitzpatrick v. Bitzer, 427 U.S. 445 (1976), the Court had held that Congress can abrogate state sovereign immunity pursuant to its powers under the Fourteenth Amendment, which clearly contemplates limiting the power of the states. In Pennsylvania v. Union Gas Co., 491 U.S. 1 (1989), the Court had held that Congress could also abrogate sovereign immunity under the Commerce Clause - but there was no majority in that decision. Justice Brennan was joined by three other justices in asserting that the Eleventh Amendment was nothing more than a reflection of common law sovereignty that could be swept aside by Congress; Justice Scalia was also joined by three other justices in taking the opposite view; and Justice Byron White wrote a separate opinion holding that Congress had such power, but stating his disagreement with Brennan's opinion (but not his own rationale).
Now, the Supreme Court was once again presented with the question of whether Congress has the power to abrogate the sovereign immunity of the states, pursuant to the powers granted to it in Article One.
Read more about this topic: Seminole Tribe Of Florida V. Florida
Famous quotes containing the word issue:
“If the issue doesn’t matter a whole lot, just drop it. You don’t have to win every fight ... and you will not have lost any of your authority by giving in when it doesn’t matter very much.”
—Lawrence Balter (20th century)
“The issue is a mighty one for all people and all time; and whoever aids the right, will be appreciated and remembered.”
—Abraham Lincoln (1809–1865)
“The area [of toilet training] is one where a child really does possess the power to defy. Strong pressure leads to a powerful struggle. The issue then is not toilet training but who holds the reins—mother or child? And the child has most of the ammunition!”
—Dorothy Corkville Briggs (20th century)