Amendment 11 — Sovereign immunity
Ratified 1797
Overview
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 applies 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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