The 11th Amendment was proposed by Congress and ratified by the states to reverse a wrong Supreme Court decision, COS constitutional attorney Rita Peters explained in the Ohio Statehouse.
The founding generation corrected the problem with a constitutional amendment instead of sitting back and saying the courts got it wrong.
"That was the appropriate way to correct it," Peters said.
Decades upon decades of federal overreach have been sustained by the federal courts, and we're witnessing the results today. If Congress were to propose a constitutional amendment, it wouldn't solve today's problems because Congress loves holding extra power. There's no chance those inside the Capitol will ever return the power back to the people.
The only way to correct the damage done to the integrity of the Constitution is for the states to use the power given to them in the second clause of Article V.
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