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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.
In 1795, the Eleventh Amendment was ratified to negate the holding in Chisholm v. Georgia. Under the 11th Amendment, citizens of one state or of foreign countries can only sue a state with the state's consent or if Congress, pursuant to a valid exercise of Fourteenth Amendment remedial powers, abrogates the states' immunity from suit.
Hans v. Louisiana, 134 U.S. 1 (1890), was a decision of the United States Supreme Court determining that the Eleventh Amendment prohibits a citizen of a U.S. state from suing that state in a federal court. [1] Citizens cannot bring suits against their own state for cases related to the federal constitution and federal laws. [2]
Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996), was a United States Supreme Court case which held that Article One of the U.S. Constitution did not give the United States Congress the power to abrogate the sovereign immunity of the states that is further protected under the Eleventh Amendment. [1]
Hollingsworth v. Virginia, 3 U.S. (3 Dall.) 378 (1798), was a case in which the United States Supreme Court ruled early in America's history that the President of the United States has no formal role in the process of amending the United States Constitution and that the Eleventh Amendment was binding on cases already pending prior to its ratification.
Editor's note: This is a regular feature on issues related to the Constitution and civics education written by Paul G. Summers, retired judge and state attorney general.. We finished our study of ...
sometimes referred to the States’ immunity from suit as "Eleventh Amendment immunity[,]" [that] phrase is [a] convenient shorthand but something of a misnomer, [because] the sovereign immunity of the States neither derives from nor is limited by the terms of the Eleventh Amendment. Rather, as the Constitution's structure, and its history, and ...
sometimes referred to the States' immunity from suit as "Eleventh Amendment immunity"[,] [that] phrase is [a] convenient shorthand but something of a misnomer, [because] the sovereign immunity of the States neither derives from, nor is limited by, the terms of the Eleventh Amendment. Rather, as the Constitution's structure, its history, and the ...