I. From Legislative Oppression.—1. Thought; 2. Expression; 3. Bills of Attainder; 4. Ex post facto laws; 5. Social distinctions; 6. Assembly; 7. Petition.
II. From Executive Oppression.-1. Military; 2. Searches and seizures; 3.
Life, Liberty, or Property; 4. Suspension of Habeas Corpus.
III. From Judicial Oppression.-1. Before trial: arrest, bail, information as to accusation, time of trial; 2. During trial: publicity, jury, evidence, counsel, punishment; 3. After trial: retrial; 4. Treason.
IV. From State oppression.
ARTICLE XI.
LIMITING THE JURISDICTION of UNITED STATES COURTS.
The judicial power of the United States shall not be construed to extend to any suit in law or equity,[1] commenced or prosecuted against one of the United States[2] by citizens of another state, or by citizens or subjects of any foreign state.[3]
[1] Equity is hard to define. According to Aristotle it is "the rectification of the law, when, by reason of its universality, it is deficient." Blackstone says, "Equity, in its true and genuine meaning, is the soul and spirit of all law…. Equity is synonymous with justice." It is the province of law to establish a code of rules whereby injustice may be prevented, and it may therefore be said that all law is equitable. "In a technical sense, the term equity is applied to those cases not specifically provided for by positive law." (See page 208; also Dole's Talk's About Law, page 502.)
[2] According to III. 2, a state could be sued for a debt the same as an individual, and shortly after the adoption of the constitution several of them were sued for debts incurred during the Revolutionary War. Pride and poverty both prompted the states to desire immunity from such suits. Hence the adoption of this amendment. (See page 209.)
[3] A non-resident secures the payment of a debt due from a state in the same way as a resident—by legislative appropriation.