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Amendment XI in the National Archives

The Eleventh Amendment (Amendment XI) to the United States Constitution was passed by the Congress on March 4, 1794 and was ratified on February 7, 1795. This Amendment deals with each State's sovereign immunity from being sued in federal court by someone of another state or country. This Amendment was adopted in response to, and in order to overrule, the United States Supreme Court decision in Chisholm v. Georgia, .

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. ”

Summary

The Amendment was adopted following the United States Supreme Court's ruling in Chisholm v. Georgia, . In Chisholm, the Court ruled that federal courts had the authority to hear cases in law and equity against states by private citizens, and that states did not enjoy sovereign immunity from suits made by citizens of other states. Thus, the Amendment clarified Article III, Section 2 of the Constitution, which gave diversity jurisdiction to the judiciary to hear cases "between a state and citizens of another state."

Although the Amendment's text does not explicitly include suits brought by a citizen against his own state, the Supreme Court ruled, in Hans v. Louisiana, , that the Amendment reflects a broader principle of sovereign immunity. As Justice Anthony Kennedy, writing for a five Justice majority, stated in Alden v. Maine, :

“ [S]overeign immunity derives not from the Eleventh Amendment but from the structure of the original Constitution itself....Nor can we conclude that the specific Article I powers delegated to Congress necessarily include, by virtue of the Necessary and Proper Clause or otherwise, the incidental authority to subject the States to private suits as a means of achieving objectives otherwise within the scope of the enumerated powers.[1] ”

Writing for four dissenting Justices in Alden, Justice David Souter said the states surrendered their sovereign immunity when they ratified the Constitution. The dissenters read the Amendment's text as reflecting only a narrow form of sovereign immunity, limiting diversity jurisdiction of the federal courts, and the states are not insulated from suits by individuals by either the Eleventh Amendment in particular, or the Constitution in general.[2]

Although, the Eleventh Amendment immunizes non-consenting states from suit for money damages or equitable relief, federal courts may enjoin state officials from violating federal law under Ex parte Young, . Furthermore, in Fitzpatrick v. Bitzer, , the Supreme Court ruled that the Congress, under its enforcement power under Section 5 of the Fourteenth Amendment, may abrogate state immunity from suit. Also, in Central Virginia Community College v. Katz , the Court ruled the Congress could do the same regarding bankruptcy cases by way of Article I, Section 8, Clause 4 of the Constitution.