What is the Eleventh Amendment - Attorney Steven J. Topazio
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What is the Eleventh Amendment

The Eleventh Amendment to the United States Constitution was ratified on February 7,1975. It addresses the judicial power of the United States in relation to suits against states. The text of the Eleventh Amendment reads:

“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.”

Key points of the Eleventh Amendment include:

State Sovereign Immunity: The amendment establishes that federal courts do not have the authority to hear cases brought by private individuals against a state if those individuals are from another state or from a foreign country. This concept is known as state sovereign immunity.

Limitation on Federal Judicial Power: By limiting the types of cases that can be brought against states in federal court, the Eleventh Amendment restricts the scope of federal judicial power and reinforces the principle of state sovereignty.

Response to Chisholm v. Georgia: The amendment was a direct response to the Supreme Court’s decision in Chisholm v. Georgia (1793), where the Court ruled that states could be sued in federal court by citizens of another state. The Eleventh Amendment overturned this decision by affirming state immunity from such suits.

The Eleventh Amendment is significant because it underscores the balance of power between the federal government and the states, and it protects states from certain types of legal liability, thereby reinforcing their sovereignty within the federal system.