Today in 1795, the 11th amendment to our Constitution was ratified

it deals with each state's sovereign immunity and was adopted in order to overrule the U.S. Supreme Court's decision in Chisholm v. Georgia,  (1793).

The Eleventh Amendment, which was the first Constitutional amendment after the adoption of the Bill of Rights, 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 gave diversity jurisdiction to the judiciary to hear cases "between a state and citizens of another state."

In Hollingsworth v. Virginia, 3 U.S. 378 (1798), the Supreme Court held that every pending action brought under Chisholm had to be dismissed because of the amendment's adoption.[2]

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, writing for a five Justice majority, 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 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.[3]

Writing for a four-Justice dissent in Alden, Justice David Souter said the states surrendered their sovereign immunity when they ratified the Constitution. The dissenting justices read the amendment's text as reflecting a narrow form of sovereign immunity that limited only the diversity jurisdiction of the federal courts. They concluded that the states are not insulated from suits by individuals by either the Eleventh Amendment in particular or the Constitution in general.[4]

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 the Congress could do the same regarding bankruptcy cases by way of Article I, Section 8, Clause 4 of the Constitution. In Lapides v. Board of Regents of Univ. System of Ga., 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.[5]

Views: 286

Reply to This

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

cheeki kea replied to cheeki kea's discussion Tartaria
"This screenshot is from a book found by a blogger in his research and gives an eye witnessed…"
10 hours ago
cheeki kea commented on Doc Vega's blog post To Each and every One of you here Happy Thanksgiving
14 hours ago
Doc Vega posted blog posts
yesterday
Doc Vega commented on tjdavis's video
Thumbnail

The Hunt - Official Trailer [HD]

"A former ANTIFA member was interviewed here recently and this would not be far from actual reality…"
Monday
Doc Vega posted blog posts
Monday
tjdavis posted videos
Monday
tjdavis posted a blog post
Monday
tjdavis posted a photo
Monday
Doc Vega posted a blog post

Legacy of Supposedly Inferior Aircraft Outmatching Their Enemies

 We think of the Korean War aerial combat as the classic dogfights between the American F-86 Sabre…See More
Saturday
Doc Vega commented on tjdavis's blog post Cities,States Without Limits
"This is just another form of a feudal globalism dictated by corporate technocrats bragging about…"
Saturday
Doc Vega favorited tjdavis's blog post Cities,States Without Limits
Saturday
Doc Vega posted a blog post

What is Area 2 and What Goes on There?

 We have all heard of Area 51 and S-4, along with such terms as Water Town, Papoose Lake,…See More
Nov 21
Doc Vega posted a blog post

STRANGE THINGS HAPPENING IN YELLOWSTONE

It’s not the fact that Yellowstone National Park sits atop a super volcano that hasn’t erupted in…See More
Nov 20
tjdavis posted a video

Austrian police raid house of man who leaked Israeli ambassador video making genocidal comments

In a new ITV documentary, Breaking Ranks: Inside Israel’s War, former Israeli soldiers describe how Gaza civilians were killed, often without warning, in an ...
Nov 20
Burbia posted a video

WARHAMMER 40,000 | 1980's GRIMDARK MOVIE

WARHAMMER 40,000 | 1980's GRIMDARK MOVIEThis is a Concept Movie Trailer made with the help of AI. This video is created purely for fun and out of curiosity a...
Nov 19
tjdavis favorited Sandy's discussion Sick sci-fi sex fantasy written by Epstein's first benefactor people say inspired his twisted island... before author's SON ended up arresting him
Nov 19
tjdavis favorited Sandy's discussion Sick sci-fi sex fantasy written by Epstein's first benefactor people say inspired his twisted island... before author's SON ended up arresting him
Nov 19
tjdavis commented on tjdavis's blog post THE ORIGINS OF THE WORLD ASSOCIATION OF SOCIAL PSYCHIATRY IN LONDON, UK IN 1964
"Tavistock Timing"
Nov 19
tjdavis posted a blog post
Nov 19
Doc Vega posted a blog post

The Ringside View

Down in the streets where the animals meetWhere tear gas flies and people get beatWhere…See More
Nov 19

© 2025   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted