Eleventh Amendment to the United States Constitution
The Eleventh Amendment (Amendment XI) to the United States Constitution 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 in federal court.
The Eleventh Amendment was adopted to overrule the U.S. Supreme Court's decision in Chisholm v. Georgia (1793). In that case, the Supreme Court had held that states did not enjoy sovereign immunity from suits made by citizens of other states in federal court. Thus, the Eleventh Amendment established that federal courts do not have the authority to hear cases brought by private citizens against states. Nonetheless, the Supreme Court has held that Congress can abrogate state sovereign immunity when using its authority under Section 5 of the Fourteenth Amendment and that the Bankruptcy Clause itself abrogates state sovereign immunity in bankruptcy cases. The Supreme Court has also held that federal courts can enjoin state officials from violating federal law.
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, 2 U.S. 419 (1793). 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, Section 2 of the Constitution, which gives diversity jurisdiction to the judiciary to hear cases "between a state and citizens of another state".
Proposal and ratificationEdit
The Eleventh Amendment was proposed by the 3rd Congress on March 4, 1794, when it was approved by the House of Representatives by vote of 81–9, having been previously passed by the Senate, 23–2, on January 14, 1794. The amendment was ratified by the state legislatures of the following states:
- New York March 27, 1794
- Rhode Island March 31, 1794
- Connecticut May 8, 1794
- New Hampshire June 16, 1794
- Massachusetts June 26, 1794
- Vermont November 9, 1794
- Virginia November 18, 1794
- Georgia November 29, 1794
- Kentucky December 7, 1794
- Maryland December 26, 1794
- Delaware January 23, 1795
- North Carolina February 7, 1795
There were fifteen states at the time; ratification by twelve added the Eleventh Amendment to the Constitution. (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. New Jersey and Pennsylvania did not take action on the amendment during that era; neither did Tennessee, which had become a State on June 16, 1796. However, on June 25, 2018, the New Jersey Senate adopted Senate Concurrent Resolution No. 75 to symbolically post-ratify the Eleventh Amendment.
The amendment's text does not mention suits brought against a state by its own citizens. However, in Hans v. Louisiana, 134 U.S. 1 (1890), the Supreme Court ruled that the amendment reflects a broader principle of sovereign immunity. As Justice Anthony Kennedy later stated in Alden v. Maine, 527 U.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 Article I [recte Article One] 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.
Application to federal lawEdit
Although the Eleventh Amendment grants immunity to states from suit for money damages or equitable relief without their consent, in Ex parte Young, 209 U.S. 123 (1908), the Supreme Court ruled that federal courts may enjoin state officials from violating federal law. In Fitzpatrick v. Bitzer, 427 U.S. 445 (1976), the Supreme Court ruled that Congress may abrogate state immunity from suit under Section 5 of the Fourteenth Amendment. In Central Virginia Community College v. Katz, 546 U.S. 356 (2006), the Court ruled Article I, Section 8, Clause 4 of the Constitution abrogated state immunity in bankruptcy cases. In Lapides v. Board of Regents of University System of Georgia, 535 U.S. 613 (2002), the Supreme Court ruled that when a state invokes a federal court's removal jurisdiction, it waives the Eleventh Amendment in the removed case.
The United States Court of Appeals for the First Circuit has ruled that Puerto Rico enjoys Eleventh Amendment immunity.
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- Guam Soc. of Obstetricians and Gynecologists v. Ada, 776 F.Supp. 1422 (D.Guam 1990)
- Norita v. Northern Mariana Islands, 331 F.3d 690 (9th Cir 2003)
- Tonder v. M/V The Burkholder, 630 F.Supp. 691 (D.Virgin Islands 1986)
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- CRS Annotated Constitution: Eleventh Amendment
- Leaving the Chisholm Trail