Eleventh Amendment to the United States Constitution

Eleventh Amendment to the United States Constitution forms a cornerstone of sovereign immunity in American federal law. Ratified in the aftermath of the pivotal Supreme Court decision in *Chisholm v. Georgia*, it overturned that ruling and explicitly shielded states from being sued in federal court by citizens of another state or a foreign country. The amendment fundamentally redefined the balance of power between the states and the federal judiciary, establishing a principle that has been expansively interpreted over centuries.

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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.

Background

The immediate catalyst for the amendment was the 1793 Supreme Court case *Chisholm v. Georgia*. The executor of a South Carolina merchant’s estate, Alexander Chisholm, sued the State of Georgia in the Supreme Court for payment of goods supplied during the American Revolutionary War. The Court, in a 4–1 decision, ruled that Article III of the Constitution granted it original jurisdiction over such disputes between a state and a citizen of another state. This decision, authored by Justice James Iredell in dissent but with the majority including John Jay and James Wilson, provoked immediate and widespread outrage among state governments. Leaders like Patrick Henry and others feared it would subvert state sovereignty and lead to financial ruin, viewing it as a betrayal of the compact formed by the Constitutional Convention.

Judicial interpretation

The Supreme Court has significantly broadened the amendment's scope beyond its literal text. In the 1890 case *Hans v. Louisiana*, the Court, led by Justice Joseph P. Bradley, held that a state could not be sued by its own citizens in federal court, establishing the doctrine of state sovereign immunity as a fundamental constitutional principle. This interpretation was reinforced in cases like *Ex parte Young* (1908), which created the legal fiction allowing suits against state officials for injunctive relief. However, the Court has also delineated limits; in *Fitzpatrick v. Bitzer* (1976), it ruled that Congress could abrogate state immunity under its enforcement power granted by the Fourteenth Amendment. Landmark decisions such as *Seminole Tribe of Florida v. Florida* (1996) and *Alden v. Maine* (1999) further cemented that this immunity is a broad constitutional attribute, applicable in both federal and state courts, unless clearly revoked by Congress or waived by the state.

Application and limitations

The amendment’s core application prohibits most private lawsuits for monetary damages against a state in federal court without the state’s consent. However, several critical limitations and exceptions exist. Suits may proceed against state officials for injunctive or declaratory relief under the *Ex parte Young* doctrine. States may explicitly waive their immunity, as often occurs when they accept federal funding under programs like the Social Security Act. Furthermore, Congress can authorize private suits against states when legislating under Section 5 of the Fourteenth Amendment to enforce civil rights, a power affirmed in *Fitzpatrick v. Bitzer*. Importantly, the federal government itself, or other states, can sue a state, as seen in interstate disputes like *Virginia v. Tennessee*. The immunity does not extend to local governments like counties or cities.

Proposal and ratification

The political reaction to *Chisholm v. Georgia* was swift. A proposed amendment was introduced in the U.S. Senate by Senator Caleb Strong of Massachusetts on February 20, 1793. The House of Representatives passed its version on March 4, 1794, and President George Washington transmitted it to the states for ratification. The ratification process proceeded rapidly, reflecting broad consensus among the state legislatures. New York and Rhode Island were among the first to ratify, while Connecticut, New Jersey, and South Carolina followed swiftly. The amendment officially became part of the Constitution on February 7, 1795, when it was ratified by the twelfth state (of the then fifteen), later certified by Secretary of State Thomas Jefferson in a proclamation on January 8, 1798. Notably, states like Massachusetts and Georgia ratified it years later, but their assent was not required for its adoption.

Category:Amendments to the United States Constitution Category:1795 in American law