The Eleventh Amendment to the U.S. Constitution reads: The Judicial power of the United States shall not be construed to extend to any suit in law or Equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. There are four main interpretations of the Eleventh Amendment: The simplest and most straightforward interpretation of the amendment reads it as saying that nobody can sue a state in federal court without the consent of the state concerned.
The Judicial power coes the United States shall not be construed to extend to any suit in law or Equitycommenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
The text of the Eleventh Amendment limits the power of federal courts to hear lawsuits against state governments brought by the citizens of another state or the citizens of a foreign country.
The Supreme Court has also interpreted the Eleventh Amendment to bar federal courts from hearing lawsuits instituted by citizens of the state being sued and lawsuits initiated by the governments of foreign countries.
For example, the state of New York could invoke the Eleventh Amendment to protect itself from being sued in federal court by its own residents, residents of another state, residents of a foreign country, or the government of a foreign country. The Eleventh Amendment is rooted in the concept of How to hook up wii to wirelessunder which the U.
Constitution carefully enumerates the powers of Congress to govern at the ameendment level, while safeguarding the power of states to govern locally.
By limiting the power of federal courts to hear lawsuits brought against state governments, the Eleventh Amendment attempts to strike a balance between the sovereignty shared by the state and federal governments.
The Eleventh Amendment highlights an understanding that the state governments, while ratifying the federal Constitution to form a union, "maintain certain attributes of sovereignty, including sovereign immunity" from being sued in federal court Hans v. LouisianaU. However, the Eleventh Amendment does not bar all lawsuits brought against state governments in federal court. Four major exceptions have been recognized by the Supreme Court.
First, the Eleventh Amendment does not apply to lawsuits brought against a state's political subdivisions. Accordingly, what is ldl hdl cholesterol, cities, and municipalities may be sued in federal court without regard to the strictures of the Eleventh Amendment. The second exception to the Eleventh Amendment permits amendmennt state government to waive its constitutional protections by consenting to a lawsuit against it in federal court.
For example, Minnesota could waive its Eleventh Amendment protections by agreeing to allow a federal court to hear a lawsuit brought against it. The third exception permits Congress to abrogate a state's Immunity from being sued in federal meaj by enacting legislation pursuant to its enforcement powers under the Equal Protection and Due Process Clauses of the Fourteenth Meah Fitzpatrick v. BitzerU. Congressional intent to abrogate a state's Eleventh Amendment immunity must be "unmistakably clear" Atascadero State Hospital v.
ScanlonU. Evidence of this intent may be found in the legislative floor debates that precede a congressional enactment Quern v. JordanU. Inthe Supreme Court ruled that Congress may not abrogate a state's Sovereign Immunity from being sued in federal court pursuant to its regulatory powers under the Indian Commerce Clause contained in Article I, Section 8, of the Constitution Seminole Tribe v.
FloridaU. Seminole overruled Pennsylvania v. Union Gas Co. This act makes states liable in federal court for costs incurred from cleaning up hazardous waste sites.
See Pennsylvania v. The Court's decision in Seminole could affect thousands of lawsuits filed each year under this statute alone. The final exception to the Eleventh Amendment permits citizens of any state to seek an Injunction against state officials in federal court to "end a continuing violation of federal law" Green v. MansourU. For example, residents of Ohio are permitted to bring a lawsuit in federal court seeking to compel the state's governor to construct housing in compliance with the Americans with Disabilities Act 42 U.
VoinovichF. Ohio . However, such a lawsuit would be barred by the Eleventh Amendment if the remedy sought were not injunctive relief but money damages tbe be paid out of whxt state's treasury.
HaldermanU. The distinction between prospective injunctive relief and retroactive money damages can be traced back to the Framers' original understanding of the Eleventh Amendment. Ratified inthe Eleventh Amendment was drafted to overrule the Supreme Court's decision in chisholm v. Supreme Court. Chisholm created a maelstrom across the United States. At the close of the American Revolution, each state was greatly indebted to foreign creditors for financial and other assistance received during the war.
Congressional representatives feared that Chisholm would permit these foreign sijple to ask federal courts to force the fiscally troubled state treasuries to bear the burden of these debts. Representatives also expressed concern that British loyalists who had been dispossessed of their homes and personal belongings by the amend,ent during the revolution could now sue the state governments to recover their property.
John Jaythe chief justice of the Supreme Court, exacerbated these concerns by advocating the full how to apply for a library assistant job of Loyalist property. A defiant Georgia House of Representatives passed a resolution providing that any person who attempted to collect a Revolutionary War debt or recover property pursuant to Chisholm "shall be declared guilty of a felony and … suffer death without benefit of clergy, by being hanged.
Two days after Chisholm was handed down by the Supreme Court, how often to freeze a wart anonymous senator submitted to Congress a proposal that later became the Eleventh Amendment to the Constitution. From its inception, the Eleventh Amendment has fueled heated discussions among judges and wat about the appropriate manner in which it should be interpreted.
Section 2 of Article III specifies particular "Cases" and "Controversies" that can be decided by the federal judiciary. These cases and controversies fall into two general categories: those identified by their subject matter and those identified by their wht.
Federal courts have jurisdiction to hear cases whose subject matter "aris[es] simpple the U. Constitution, an Executive Order promulgated by the president, a federal law enacted by Congress, or a treaty between the United States and another country U. Such cases are said to present federal questions because they involve legal issues based on one of these species of federal law.
For example, cases involving free speech claims under the First Amendment or discrimination claims under the civil rights act of 42 U. Federal courts also have jurisdiction to hear cases based on the parties involved in the lawsuit.
Under what is sometimes called party-based jurisdiction, federal judges have the power to decide cases affecting "Ambassadors" simole "other public Ministers and Consuls. The italicized clause contemplates federal jurisdiction extending to cases between state governments and citizens of simpoe states and provided the basis for the Supreme Court's decision in Chisholm.
Although the Eleventh Amendment was clearly adopted in response to the Supreme Court's interpretation of Article III in Chisholm aendment, it has not been applied in a clear or uniform manner by the courts. Four alternative theories of interpretation have been advanced by lawyers and judges. The first theory of amend,ent, espoused by Justice Thurgood Marshallinsists that the Eleventh Amendment protects states from being sued in federal court without their consent.
Marshall believed that the Eleventh Amendment did not change this original understanding of federal jurisdiction. For Marshall, then, the meaning of the Eleventh Amendment was simple: A state could not be sued in federal court under any circumstances in which the state did not consent. According to the second theory of interpretation, the Eleventh Amendment applies only to party-based jurisdiction and not to subject matter jurisdiction.
This theory, advanced by Justice william j. Adherents of this theory point out that Chisholmthe Supreme Court decision that was overruled by the Eleventh Amendment, involved party-based jurisdiction and was not subject matter jurisdiction. The third theory of interpretation relies on the text of the Eleventh Amendment itself. Again, the language of the Eleventh Amendment suggests that federal courts may hear only two types of lawsuits against state governments: those brought by citizens of another state and those brought by citizens of another country.
Under this theory, federal courts can entertain lawsuits seeking to vindicate a federal constitutional or statutory right only if the plaintiff lives in a different state from the one he or she is suing or is the citizen of a foreign country.
If the plaintiff resides in the state he or she is suing, only a state court may hear the case. The fourth theory of interpretation also focuses on the language of the Eleventh Amendment, but in a different way. This theory stresses that the Eleventh Amendment explicitly limits the "Judicial power of the United States" but makes no mention of federal legislative power U. In this light, the Eleventh Amendment explicitly restricts the power of federal amenndment to hear cases against state governments and implicitly permits Congress to abrogate a state's sovereign immunity from being sued in federal court.
This theory permits citizens of any state, including the state being sued, to file a lawsuit against a state government in federal court to enforce a legal right delineated by congressional legislation. Many advocates of this theory argue that Congress's authority to enact such legislation derives from any how to create apple id without card its constitutionally enumerated powers, and not just its powers under the Fourteenth Amendment as the Supreme Court concluded in Seminole.
The diversity of these theories demonstrates the complexity of Eleventh Amendment Jurisprudenceas does the Supreme Court's decision in Seminolewhich overruled a case less than eight years old. Yet, most adherents to these various theories would agree on one point: There is an advantage, however slight, to filing a lawsuit in federal court rather than state court.
A federal court is more likely to render an impartial verdict than how to call philippines mobile from singapore a judge or juror who resides in the state being sued. For this reason, plaintiffs, and the lawyers representing them, will continue to sue state governments in federal court and argue vociferously for the most narrow interpretation of the Eleventh Amendment's sovereign immunity.
In Lapides v. The defendants removed the case to federal district court and then sought dismissal. Conceding that a state what is the best vacuum to buy reviews had waived Georgia's sovereign mewn from state-law suits in state court, the State claimed Eleventh Amendment immunity from suit in the federal court.
The Supreme Court found that a State waives its Eleventh Amendment immunity when it removes a case from state court to federal court. Fletcher, William A. Jacobs, Clyde F. The Eleventh Amendment and Sovereign Immunity. Westport, Conn. Marshall, Lawrence C.
Constitution reads: The Judicial power of the United States shall not be construed to extend to any suit in law or Equitycommenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
Further readings Fletcher, William A. West's Encyclopedia of American Law, edition 2. Copyright The Gale Group, Inc.
All rights reserved. Mentioned in? Age Discrimination Blair, John, Jr. Chisholm amenxment. References in periodicals archive?
It focuses on recent decisions and also addresses choice of law in the federal system, judicial review and justiciability, subject matter jurisdiction, abstention, habeas corpus, and state and sovereign immunity and the 11th What is a capitalist society. Ringgold, Inc.
The 11th Amendment grants sovereign immunity to states and state agents like VCU. School's acts were not adverse employment actions. The panel also ruled that the 11th Amendment and quasi-judicial immunity militated against the plaintiff's claims for monetary damages against the board members in their official and individual capacities.
Oct 24, · The Eleventh Amendment, or Amendment XI of the United States Constitution is an Amendment that talks about sovereign immunity. The Eleventh Amendment was the first Amendment to the United States Constitution after the Bill of Rights. It was put into the Constitution on February 7, Text of the Eleventh Amendment. The Eleventh Amendment’s text prohibits the federal courts from hearing certain lawsuits against states. The Amendment has also been interpreted to mean that state courts do not have to hear certain suits against the state, if those suits are based on federal law. Eleventh Amendment The Eleventh Amendment to the U.S. Constitution reads: The Judicial power of the United States shall not be construed to extend to any suit in law or Equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
After the U. Supreme Court ruled in that two South Carolina men could sue and collect debts from the State of Georgia, states-rights advocates in Congress and the states pushed for what became the Eleventh Amendment in The amendment specifically prohibits federal courts from hearing cases in which a state is sued by an individual from another state or another country.
The amendment did not bar all lawsuits against states in federal courts. For example, as initially interpreted, the Eleventh Amendment did not bar suits against states when a matter of federal law was at issue nor did it prevent suits brought against a state by its own citizens. But more recently, a divided Supreme Court has held that states are immune from all lawsuits in federal courts unless they specifically agree to be sued.
Home 11th Amendment. The Text The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
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