The history of the 11th amendment to the U.S. Constitution and its current application to schools and universities are examined in this paper. The amendment, which seeks to protect the states by redefining judicial boundaries within the federal concept of government, is unclear and paradoxical, especially to claimants seeking federal relief from a…

Contends that, although civil liberties are part of the higher education and secondary curriculum, the development of constitutional liberty by state supreme courts and state constitutions is almost totally ignored. Reviews 11 college-level textbooks and analyzes their treatment of civil liberties related to state laws and courts. (CFR)

Presents opposing viewpoints on federalism and state sovereignty. Charles J. Cooper argues for states powers based on a constructionist interpretation of the constitution. Herman Schwartz maintains that the national economy is so tightly intertwined, and the protection of civil liberties is too great to leave these functions to the states. (MJP)