Feb 11

Issue: 11th Amendment RSS

11th Amendment: Suits Against States



Posted 2 months, 5 days ago.

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As part of the National Constitution Center’s 27 Amendments (In 27 Days) project, each day we will look at a constitutional amendment. Through partnerships with leading scholars and universities, government agencies, media outlets, and more, the National Constitution Center will profile one amendment each day throughout the month of February.

United States Supreme Court building. Photo by Jeff Kubina

United States Supreme Court building. Photo by Jeff Kubina

Full Text of the 11th Amendment

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

Synopsis:

When the Supreme Court held in the 1793 case Chisholm v. Georgia that a state could be sued in federal court under Article III of the Constitution, this amendment was rapidly adopted.  It provided that states could only be sued in state courts. Source:  U.S. Senate

Resources:

1. The Library of Congress Constitution Annotated. Contains a detailed history of the amendment, along with past and recent court cases. Here is a link to the section on the 10th Amendment. Here are explanations from the LOC that are in an online-friendly format from FindLaw:

2. Cornell Legal Information Institute. Includes information from Wex, a free legal dictionary and encyclopedia sponsored and hosted by the Legal Information Institute at the Cornell Law School. Wex entries are collaboratively created and edited by legal experts.

3. A list of Supreme Court cases involving the 11th Amendment is also available at the Oyez Project at: http://www.oyez.org/cases/2000-2009/2003/2003_02_628

Learn more about this project at the Constitution Center’s website at: constitutioncenter.org/experience/programs-initiatives/27-amendments-in-27-days/



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