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The Court has also understood this language to mean that the sovereignty of the government under the U.S. Constitution is superior to that of the States. [52] Stated in negative terms, the Preamble has been interpreted as meaning that the Constitution was not the act of sovereign and independent states. [53]
However, Justice David Souter, writing for a four-Justice dissent in Alden, said the states surrendered their sovereign immunity when they ratified the Constitution. He read the amendment's text as reflecting a narrow form of sovereign immunity that limited only the diversity jurisdiction of the federal courts.
The text requires no additional action by Congress or anyone else after ratification by the required number of states. [133] Thus, when the Office of the Federal Register verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is ...
While the Constituent Assembly was debating the Preamble, there was an argument to rename India the 'Union of Indian Socialistic Republics' as if India was to imitate the U.S.S.R. However, other members were not convinced. [6] There was even argument as to whether to include the names of 'God' and 'Gandhi' in the Preamble. The former was ...
Although each person is sovereign, that sovereignty is twofold. In private matters, such as one's body, life and holdings, they are akin to the monarchs of Europe; one exception is eminent domain. They are co-sovereign with the states and the Union in public property and interests, and are governed by elected representatives. [20]
American revolutionaries aimed to substitute the sovereignty in the person of King George III, with a collective sovereign—composed of the people. Thenceforth, American revolutionaries generally agreed with and were committed to the principle that governments were legitimate only if they rested on popular sovereignty – that is, the ...
Sovereigntism, sovereignism or souverainism (from French: souverainisme, pronounced [su.vʁɛ.nism] ⓘ, meaning "the ideology of sovereignty") is the notion of having control over one's conditions of existence, whether at the level of the self, social group, region, nation or globe. [1]
They held that the Preamble's reference to a constitution "similar in principle to the United Kingdom" was a guarantee of the vibrant, free debate necessary for a parliamentary democracy to exist and function. The attempt by the Alberta government to limit free media infringed that principle and was ultra vires on that basis.