Eleventh Amendment to the United States Constitution
Eleventh Amendment to the United States Constitution
1795 amendment restricting ability to sue states in federal courts
The Eleventh Amendment (Amendment XI) is an amendment to the United States Constitution which was passed by Congress on March 4, 1794, and ratified by the states on February 7, 1795. The Eleventh Amendment restricts the ability of individuals to bring suit against states of which they are not citizens in federal court.
The Eleventh Amendment was adopted to overrule the Supreme Court's decision in Chisholm v. Georgia (1793). In that case, the Court held that states did not enjoy sovereign immunity from suits made by citizens of other states in federal court. Although the Eleventh Amendment established that federal courts do not have the authority to hear cases brought by private parties against a state of which they are not citizens, the Supreme Court has ruled the amendment to apply to all federal suits against states brought by private parties. The Supreme Court has also held that Congress can abrogate state sovereign immunity when using its authority under Section5 of the Fourteenth Amendment. Other recent cases (Torres v. Texas Department of Public Safety, Central Virginia Community College v. Katz, PennEast Pipeline Co. v. New Jersey) have identified further exceptions to the general sovereign immunity of States when Congress acts pursuant to its Article I powers, which have alternatively been referred to as "waivers in the plan of the Convention." The Supreme Court has also held that federal courts can enjoin state officials from violating federal law.
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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 Eleventh Amendment was the first Constitutional amendment adopted after the Bill of Rights. The amendment was adopted following the Supreme Court's ruling in Chisholm v. Georgia, 2U.S.419(1793).[1] In Chisholm, the Court ruled that federal courts had the authority to hear cases in law and equity brought by private citizens against states and that states did not enjoy sovereign immunity from suits made by citizens of other states in federal court. Thus, the amendment clarified Article III, Section2 of the Constitution, which gives diversity jurisdiction to the judiciary to hear cases "between a state and citizens of another state."[2]
There were fifteen states at the time; ratification by twelve added the Eleventh Amendment to the Constitution.[6] (South Carolina ratified it on December 4, 1797.)
On January 8, 1798, approximately three years after the Eleventh Amendment's actual adoption, President John Adams stated in a message to Congress that it had been ratified by the necessary number of states and was now a part of the Constitution.[7]New Jersey and Pennsylvania did not take action on the amendment during that era; neither did Tennessee, which had become the 16th state on June 1, 1796. However, on June 25, 2018, the New Jersey Senate adopted Senate Concurrent Resolution No. 75 to ratify the Eleventh Amendment.[8]
Impact
Almost exactly three years after its ratification, the U.S. Supreme Court decision in Hollingsworth v. Virginia, 3U.S.378(1798) resulted in every pending action brought under Chisholm being dismissed due to the amendment's adoption.
Sovereign immunity
The amendment's text does not mention suits brought against a state by its own citizens. However, in Hans v. Louisiana, 134U.S.1(1890), the Supreme Court ruled that the amendment reflects a broader principle of sovereign immunity. As JusticeAnthony Kennedy later stated in Alden v. Maine, 527U.S.706(1999):
[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 ArticleI 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.
However, Justice David Souter, writing for a four-Justice dissent in Alden, said the states surrendered their sovereign immunity when they ratified the Constitution. He read the amendment's text as reflecting a narrow form of sovereign immunity that limited only the diversity jurisdiction of the federal courts. He concluded that neither the Eleventh Amendment in particular nor the Constitution in general insulates the states from suits by individuals.[9]
International law scholar Thomas H. Lee argues that foreign states were intended to be excluded from the Eleventh Amendment's prohibition—i.e., that foreign governments would still be permitted to sue state governments.[14] However, in Principality of Monaco v. Mississippi, 292U.S.313(1934), the Supreme Court ruled that the amendment also protects states from lawsuits by foreign entities, which Lee considers a departure from established jurisprudence;[15] his thesis is that the Eleventh Amendment exempted foreign governments in order to allow recourse for violations of treaty obligations, which in turn promoted positive and peaceful foreign relations between a fledgling U.S. and the international community.[15] Lee likewise argues that the Eleventh Amendment reflected the international legal principle of sovereign equality, whereby foreign states were of equal legal status to the U.S. states, and as such could bring lawsuits.[16]
Lee, Thomas H., The U.S. Supreme Court as Quasi-International Tribunal: Reclaiming the Court's Original and Exclusive Jurisdiction Over Treaty-Based Suits By Foreign States Against States. Columbia Law Review, Vol. 104, No. 7, November 2004, Fordham Law Legal Studies Research Paper No. 55, Available at SSRN: SSRN575583