What is The 11th Amendment?
THE ELEVENTH Amendment of the Constitution prohibits states from having sovereign immunity.
But it also restricts the ability of states to bring suit against states in federal court.
What is the 11th Amendment?
The 11th Amendment of the Constitution reads as follows: “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.”
This has two explicit meanings.
First, it means that the Supreme Court can’t hear cases against a state if the state is sued by either a citizen who lives in another state or a non-citizen who lives in a foreign country.
Second, it means that because states don’t have “sovereign immunity,” states can sue other states, and the federal government can sue states.
But there are some exceptions.
What are some exceptions to the 11th Amendment?
History has some specific examples of exceptions to the 11th Amendment.
In the 1890 case of Hans vs. Louisiana, the Supreme Court ruled that citizens of states cannot sue their states for cases that the federal courts need to hear.
This case was controversial because it left open whether citizens could sue their state in state courts.
This case was ultimately resolved in 1999, in the case of Alden vs. Maine.
In the Alden case, it was ruled that “state’s sovereign immunity forecloses suits against a state government in state court.”
Another example of an 11th Amendment exception is the case of Seminole Tribe of Florida vs. Florida, which was heard in 1996.
In this case, the Seminole Native American tribe sued the state of Florida for violating the good faith negotiations requirement of the Indian Gaming Regulatory Act.
But in this case, the courts ruled in a 5-4 decision that the state of Florida did have sovereign immunity from a lawsuit.
Why is the 11th amendment back in the news?
The 11th Amendment is back in the news because the Supreme Court is currently hearing a case of PennEast Pipeline Co. v. New Jersey.
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In this lawsuit, the PennEast Pipeline Company is arguing that they have eminent domain to build their pipeline through the state of New Jersey.
New Jersey argues that the PennEast Pipeline has no remedy to sue.