I become more intrigued and impressed by the law as I continue through my legal education. Professor Jonathan Adler commented today in my Constitutional Law class that “amendments are adopted by ratification of the states. However, the Constitution was ratified by the people. This creates an interesting dynamic.” It’s fascinating that states are considered sovereign and are able to consent or not to being sued. And it’s very interesting that these sovereign bodies, who may disallow suit, can essentially overrule the people (via the Constitution) through ratifying amendments.
In all of the hullabaloo from the framers, attempting to avoid tyranny and who wanted a government by the people, this sovereign superiority seems a bit out of place, or maybe like some accidental homage to the far-reaching powers of the English monarchy (where the King could only be sued with his consent).
