11th & 12th Amendment: The State Sovereign Immunity Amendment @theyoungelder
11th & 12th Amendment: The State Sovereign Immunity Amendment  @theyoungelder
Uploaded June 2026 | Updated September 2026, 3 weeks ago
The 11th Amendment establishes state sovereign immunity, legally protecting U.S. states from being sued in federal courts by citizens of other states, citizens of foreign countries, or their own citizens. Conversely, the 12th Amendment completely overhauled the presidential election process by requiring the Electoral College to cast distinct, separate ballots for the President and Vice President. The 11th Amendment: State Sovereign Immunity Primary Purpose: Ratified in 1795, this amendment was drafted specifically to overrule the Supreme Court's 1793 decision in Chisholm v. Georgia. The Chisholm Shock: In Chisholm, the Supreme Court allowed two South Carolina men to sue the State of Georgia to collect Revolutionary War-era debts. This outraged states-rights advocates who believed an independent state should not be dragged into federal court by private citizens. Modern Scope: The amendment prevents individuals from suing a non-consenting state in federal court. While its text specifically mentions lawsuits from out-of-state or foreign citizens, modern Supreme Court jurisprudence has interpreted the amendment—and the broader structural doctrine of sovereign immunity—to apply to suits brought by a state's own citizens as well. Exceptions: States can waive their immunity and choose to consent to a lawsuit. Furthermore, under Section 5 of the 14th Amendment, Congress can pass laws that strip states of this immunity to enforce civil rights. The 12th Amendment: Electing the President & Vice President. Primary Purpose: Ratified in 1804, this amendment refined Article II of the Constitution to prevent political deadlocks during presidential elections. The Original Flaw: Under the original Constitution, electors cast two votes for "President." The candidate with the most votes became President, while the runner-up became Vice President. This was never intended to handle the sudden rise of organized political parties, leading to awkward situations (such as a President and Vice President from opposing political parties).The 1800 Crisis: In the election of 1800, a flaw in the system caused an Electoral College tie between Thomas Jefferson and Aaron Burr (his own vice-presidential running mate). The tie threw the election to the House of Representatives, causing a massive political crisis. How it Works Now: The 12th Amendment requires electors to vote on separate ballots specifically for "President" and "Vice President". It also mandates that at least one of these two candidates must be from a different state than the elector. If no presidential candidate wins a majority, the House of Representatives votes to decide the winner, with each state delegation receiving exactly one collective vote.

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OUTLINE:
00:00:00 What is the 11th Amendment?
00:03:16 Why Some People Don't the 11th Amendment?
00:05:20 Supreme Court Ruling on the 11th Amendment
00:08:16 What is the 12th Amendment?
00:11:41 Supreme Court Ruling on the 12th Amendment

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11th & 12th Amendment: The State Sovereign Immunity Amendment

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