QUIZ YOURSELF ON THE 12 TYPES OF VERB TENSES!
Words nearby Eleventh Amendment
What is the Eleventh Amendment?
The Constitution of the United States is the document that serves as the fundamental law of the country. An amendment is a change to something. An amendment to the Constitution is any text added to the original document since its ratification in 1788. The Constitution has been amended 27 times in American history.
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.”
For the most part, courts and legal scholars have agreed that the Eleventh Amendment gives the states some degree of immunity from federal lawsuits. However, they have constantly disagreed on how extensive this immunity is. Even the Supreme Court has overruled its own decisions on what exactly the Eleventh Amendment means.
Today, the Supreme Court’s opinion is that the Eleventh Amendment says states have complete immunity from being sued in federal court unless they consent to being sued, they are sued by the federal government, or Congress decides that their immunity should be rescinded for some reason.
However, the Supreme Court has ruled that an employee of a state government can be sued. This means that you can’t sue Ohio but you can sue the district attorney of Ohio, for example. The Supreme Court has also ruled the Eleventh Amendment doesn’t apply to subdivisions of a state. This means that you can sue a state’s counties, cities, or municipalities.
Why is Eleventh Amendment important?
Before the Eleventh Amendment was passed, supporters of the Constitution assured opponents that Article III of the Constitution would not be interpreted to mean that individuals could sue the states or that a state could be sued by a citizen of another state. At the time, Congress valued state sovereignty very highly and wanted to protect the states from being sued in federal courts.
However, in the case of Chisholm v. Georgia (1793), the Supreme Court allowed Alexander Chisholm, a citizen of South Carolina, to sue the state of Georgia. It also ruled in his favor and demanded the state of Georgia pay him for goods he supplied to them during the American Revolution.
When Chisholm v. Georgia was decided, several other, similar cases were pending. Congress was outraged by the Court’s decision in Chisholm v. Georgia and worked quickly to prevent the Supreme Court from hearing any other federal cases involving the states. Congress passed the Eleventh Amendment on March 4, 1794, and the states ratified it on February 7, 1795. With its ratification, the amendment stopped any pending federal lawsuits involving the states and took the ability to hear lawsuits involving the states away from the federal court system.
Did you know … ?
In a controversial 5-4 decision in Hans v. Louisiana (1890), the Supreme Court expanded the Eleventh Amendment by ruling that a state cannot be sued even by its own citizens. Hans v. Louisiana has never been overturned, which means this precedent still stands today.
What are real-life examples of Eleventh Amendment?
This photograph shows the New York State Capitol Building. According to the Eleventh Amendment, you can only sue someone who works inside this building and not the state government that uses it.
Many Americans are unfamiliar with what the Eleventh Amendment says, and because it is so dense, even law students are often confused by it.
Totally unrelated q: can any of the #lawschool grads about to take the bar explain to me why Eleventh Amendment cases are so d*mn obtuse?
— T. Greg Doucette (@greg_doucette) July 25, 2011
My Con Law prof was right: if you want to understand what the Eleventh Amendment means, whatever you do…don't read the Eleventh Amendment.
— Will Frank (@scifantasy) April 7, 2011
What other words are related to Eleventh Amendment?
True or False?
According to the Eleventh Amendment, states cannot be sued in federal court.
How to use Eleventh Amendment in a sentence
Open-carry activists are known for baiting cops into on-camera arguments about the Second Amendment and state laws.Texas Gun Slingers Police the Police—With a Black Panthers Tactic|Brandy Zadrozny|January 2, 2015|DAILY BEAST
They would not, for example, supersede federal law regarding the Establishment Clause in the First Amendment.
Either we believe the First Amendment is worth defending or we do not.The Sony Hack and America’s Craven Capitulation To Terror|David Keyes|December 19, 2014|DAILY BEAST
They then would expect the Senate to strip that amendment and compromise simply on keeping government open for 60 days.Bachmann and Pelosi vs. Boehner and Obama Over Spending Bill|Ben Jacobs|December 11, 2014|DAILY BEAST
Why are “threats,” unlike other scary speech, outside the protection of the First Amendment?Does Free Speech Cover Murder Fantasies? The Supreme Court’s Definition of a ‘Threat’|Geoffrey R. Stone|December 1, 2014|DAILY BEAST
On the eleventh it was washed, and a small grain of gold of the weight of one-half real was obtained.
Given in Paris the 27th day of November, in the year of grace 1608, and of our reign the eleventh.
Consequently an amendment may be made diminishing the weekly allowance to a member who is sick, and also the time of allowing it.
By the fourteenth amendment to the federal constitution their rights and privileges have been further secured.
Before turning up the eleventh card he paused for the fraction of a second.The Joyous Adventures of Aristide Pujol|William J. Locke