Hobbes borrowed a concept from English contract law: an implied agreement. Hobbes asserted that the people agreed among themselves to “lay down” their natural rights of equality and freedom and give absolute power to a sovereign. The sovereign, created by the people, might be a person or a group. The sovereign would make and enforce the laws to secure a peaceful society, making life, liberty, and property possible. Hobbes called this agreement the “social contract.”
Hobbes believed that a government headed by a king was the best form that the sovereign could take. Placing all power in the hands of a king would mean more resolute and consistent exercise of political authority, Hobbes argued. Hobbes also maintained that the social contract was an agreement only among the people and not between them and their king. Once the people had given absolute power to the king, they had no right to revolt against him.
Hobbes warned against the church meddling with the king’s government. He feared religion could become a source of civil war. Thus, he advised that the church become a department of the king’s government, which would closely control all religious affairs. In any conflict between divine and royal law, Hobbes wrote, the individual should obey the king or choose death.
The Eleventh Amendment prevents federal courts from exercising jurisdiction over state defendants--the federal court will not even hear the case if a state is the defendant. A state may not be sued in federal court by its own citizen or a citizen of another state, unless the state consents to jurisdiction.
Southerners approved the Dred Scott decision believing Congress had no right to prohibit slavery in the territories. Later, in 1868, the Fourteenth Amendment overturned the Dred Scott decision by granting citizenship to all those born in the United States, regardless of color.
As a legal counsel for the National
Association for the Advancement of Colored People (NAACP), he guided the
litigation that destroyed the legal underpinnings of Jim Crow
segregation. Hope this helps.
