There is no better way for each of us to participate in seeking a public solution to the problems we have described in other posts, as revealed through the analysis of the Don Bailey disciplinary process, than to understand the jurisdiction of the courts, and exactly how they do business in cases such as these. The Don Bailey situation is quite unique, as it involves a clear clash between two wholly separate "jurisdictions", state and federal, implicating some very important principles at the heart of our system of government. We hope eventually to provide you with all the detail you will need on these concepts of what is known as "federalism", but for now we commend you to The Federalist Papers, a series of essays published in 1787 under the name
(written by Alexander Hamilton, James Madison, and John Jay), explaining the advantages of the U.S. Constitution.
Briefly, as it relates to this case, there has been a clear trend in civil rights cases to invoke the Eleventh Amendment to maintain rigid separation between the jurisdiction of the federal courts and actions involving the affairs of state government, and some of the judges involved in the Bailey matter have used … Continue Reading ››
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