Sovereign Immunity of States
11th Amendment to the United States Constitution
What does the Sovereign Immunity of States mean?
The Eleventh Amendment limits the federal judiciary's power to hear lawsuits brought against states. It was ratified in response to the Supreme Court's decision in Chisholm v. Georgia, which allowed a citizen of South Carolina to sue the state of Georgia in federal court.
Source: U.S. Const. amend. 11
Original 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.”
Plain-English Explanation
The Eleventh Amendment limits the federal judiciary's power to hear lawsuits brought against states. It was ratified in response to the Supreme Court's decision in Chisholm v. Georgia, which allowed a citizen of South Carolina to sue the state of Georgia in federal court.
The Supreme Court has interpreted the Eleventh Amendment broadly to embody a principle of state sovereign immunity that goes beyond its literal text, barring suits against states by their own citizens as well as by citizens of other states. However, Congress can abrogate state sovereign immunity when acting pursuant to its enforcement power under Section 5 of the Fourteenth Amendment.
Key Doctrines
Landmark Cases
Seminole Tribe v. Florida
(1996)Held that Congress cannot abrogate state sovereign immunity under its Article I Commerce Clause power, limiting the ability to authorize private suits against states to Section 5 of the Fourteenth Amendment.
Ex parte Young
(1908)Created an important exception to sovereign immunity, holding that suits seeking prospective injunctive relief against state officials for ongoing violations of federal law are not barred by the Eleventh Amendment.
Alden v. Maine
(1999)Extended the principle of state sovereign immunity beyond the Eleventh Amendment's text, holding that states are immune from private suits in their own courts without their consent.
Exam Relevance
Eleventh Amendment sovereign immunity is a key topic in federal courts and constitutional law. Know the Ex parte Young exception, when Congress can abrogate sovereign immunity, and the distinction between suits against states and suits against state officials.
Modern Applications
- State immunity from patent and copyright infringement suits in federal court
- Sovereign immunity defenses in employment discrimination cases against state employers
- The Ex parte Young workaround used in challenges to state abortion and voting laws
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