pat patent cases, copyright, traitmark and so forth. and can this was a bipartisan basis the court generally imposed the rules that made a lot of sense. then later on in, in the indian case, the name escapes me at the moment -- the court basically held that all the statutes were unconstitutional. and so that's one of the reasons i say this really should be a nonpartisan issue, because i think the history of the whole development shows that congress did not treat it as a part of an issue and they didn't have much respect for this doctrine that goes back to early times in england when the king presumably could do no wrong. >> host: you help me understood, basically the 11th amendment was intended to prevent citizens of one state from suing a state for nonpayment of debt but not for not enforcing federal law, and by invoking this doctrine of the dignity of the states, the modern court is doing exactly what john marshall said they shouldn't do, exalting a precivil war states rights. >> guest: it's interesting. the opinions are really quite