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29-669: Eleventh Amendment may refer to: The Eleventh Amendment to the United States Constitution , restricting the ability to sue states in Federal court Eleventh Amendment of the Constitution of India , relating to the election procedure of the Vice President of India The Eleventh Amendment of the Constitution of Ireland , which permits the state to ratify

58-546: A four-Justice dissent in Alden , said the states surrendered their sovereign immunity when they ratified the Constitution. He read the amendment's text as reflecting a narrow form of sovereign immunity that limited only the diversity jurisdiction of the federal courts. He concluded that neither the Eleventh Amendment in particular nor the Constitution in general insulates the states from suits by individuals. Although

87-405: A second volume of his Reports. When the U.S. Supreme Court began to hear cases, he added those cases to his reports, starting near the end of the second volume, 2 Dallas Reports , with West v. Barnes (1791). As Lawrence M. Friedman has explained: "In this volume, quietly and unobtrusively, began that magnificent series of reports, extending in an unbroken line to the present, that chronicles

116-522: A state and citizens of another state." The Eleventh Amendment was proposed by the 3rd Congress on March 4, 1794, when it was approved by the House of Representatives by vote of 81–9, having been previously passed by the Senate , 23–2, on January 14, 1794. The amendment was ratified by the state legislatures of the following states: There were fifteen states at the time; ratification by twelve added

145-702: Is different from Wikidata All article disambiguation pages All disambiguation pages Eleventh Amendment to the United States Constitution The Eleventh Amendment was adopted to overrule the Supreme Court 's decision in Chisholm v. Georgia (1793). In that case, the Court held that states did not enjoy sovereign immunity from suits made by citizens of other states in federal court. Although

174-665: The Fourteenth Amendment . Other recent cases ( Torres v. Texas Department of Public Safety , Central Virginia Community College v. Katz , PennEast Pipeline Co. v. New Jersey ) have identified further exceptions to the general sovereign immunity of States when Congress acts pursuant to its Article I powers, which have alternatively been referred to as "waivers in the plan of the Convention ." The Supreme Court has also held that federal courts can enjoin state officials from violating federal law. The Judicial power of

203-498: The United States Reports . The earlier, private reports were retroactively numbered volumes 1–90 of the United States Reports , starting from the first volume of Dallas Reports . Therefore, decisions appearing in these early reports have dual citation forms: one for the volume number of the United States Reports , and one for the set of nominate reports. For example, the complete citation to McCulloch v. Maryland

232-532: The colonial era and the first decade after American independence. Alexander Dallas , a lawyer and journalist, in Philadelphia , had been reporting these cases for newspapers and periodicals. He subsequently began compiling his case reports in a bound volume, which he called Reports of cases ruled and adjudged in the courts of Pennsylvania, before and since the Revolution . This would come to be known as

261-403: 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 gives diversity jurisdiction to the judiciary to hear cases "between

290-566: 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. However, Justice David Souter , writing for

319-484: The Eleventh Amendment established that federal courts do not have the authority to hear cases brought by private parties against a state of which they are not citizens, the Supreme Court has ruled the amendment to apply to all federal suits against states brought by private parties. The Supreme Court has also held that Congress can abrogate state sovereign immunity when using its authority under Section   5 of

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348-547: 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. The Court's ruling in Fitzpatrick v. Bitzer , 427 U.S. 445 (1976) allows Congress to abrogate state immunity from suit under Section   5 of

377-488: The Eleventh Amendment in the removed case. The amendment's applicability to unincorporated U.S. territories, where constitutional rights do not fully apply , remained unclear for nearly two centuries after its ratification. In 1983, the U.S. Court of Appeals for the First Circuit ruled that Puerto Rico enjoys Eleventh Amendment immunity. However, subsequent rulings from other federal courts have determined that

406-537: The Eleventh Amendment reflected the international legal principle of sovereign equality, whereby foreign states were of equal legal status to the U.S. states, and as such could bring lawsuits. United States Reports The United States Reports ( ISSN   0891-6845 ) are the official record ( law reports ) of the Supreme Court of the United States . They include rulings, orders, case tables (list of every case decided), in alphabetical order both by

435-403: The Eleventh Amendment to the Constitution. ( South Carolina ratified it on December 4, 1797.) On January 8, 1798, approximately three years after the Eleventh Amendment's actual adoption, President John Adams stated in a message to Congress that it had been ratified by the necessary number of states and was now a part of the Constitution. New Jersey and Pennsylvania did not take action on

464-511: The Fourteenth Amendment ; this was broadened to include bankruptcy cases by Central Virginia Community College v. Katz , 546 U.S. 356 (2006), based on Article I, Section 8, Clause   4 of the Constitution. In Lapides v. Board of Regents of University System of Georgia , 535 U.S. 613 (2002), the Supreme Court ruled that when a state invokes a federal court's removal jurisdiction , it waives

493-642: The Maastricht Treaty The Eleventh Amendment of the Constitution of South Africa Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Eleventh Amendment . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Eleventh_Amendment&oldid=1151170513 " Category : Disambiguation pages Hidden categories: Short description

522-479: The Reports remained a private enterprise for the reporter's personal gain. The reports themselves were the subject of an early copyright case, Wheaton v. Peters , in which former reporter Henry Wheaton sued then current reporter Richard Peters for reprinting cases from Wheaton's Reports in abridged form. In 1874, the U.S. government began to fund the reports' publication (18  Stat.   204 ), creating

551-446: The Supreme Court ruled that the amendment also protects states from lawsuits by foreign entities, which Lee considers a departure from established jurisprudence; his thesis is that the Eleventh Amendment exempted foreign governments in order to allow recourse for violations of treaty obligations, which in turn promoted positive and peaceful foreign relations between a fledgling U.S. and the international community. Lee likewise argues that

580-505: 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. The Eleventh Amendment was the first Constitutional amendment adopted after the Bill of Rights . The amendment was adopted following the Supreme Court's ruling in Chisholm v. Georgia , 2 U.S. 419 (1793). In Chisholm ,

609-594: The amendment during that era; neither did Tennessee , which had become the 16th state on June 1, 1796. However, on June 25, 2018, the New Jersey Senate adopted Senate Concurrent Resolution No. 75 to ratify the Eleventh Amendment. Almost exactly three years after its ratification, the U.S. Supreme Court decision in Hollingsworth v. Virginia , 3 U.S. 378 (1798) resulted in every pending action brought under Chisholm being dismissed due to

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638-520: The amendment's adoption. 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 later stated in Alden v. Maine , 527 U.S. 706 (1999): [S]overeign immunity derives not from

667-503: The binding and publication of the volumes of United States Reports , although the actual printing, binding, and publication are performed by private firms under contract with the United States Government Publishing Office . For lawyers, citations to United States Reports are the standard reference for Supreme Court decisions. Following The Bluebook , a commonly accepted citation protocol,

696-510: The case Brown, et al., v. Board of Education of Topeka, Kansas , for example, would be cited as: This citation indicates that the decision of the Court in the case entitled Brown v. Board of Education , as abbreviated in Bluebook style for footnotes, was decided in 1954 and can be found in volume 347 of the United States Reports starting on page 483. The early volumes of the United States Reports were originally published privately by

725-594: The first volume of Dallas Reports . When the United States Supreme Court, along with the rest of the new Federal Government moved, in 1791, from New York City to the nation's temporary capital in Philadelphia , Dallas was appointed the Supreme Court's first unofficial, and unpaid, Supreme Court Reporter. Court reporters in that age received no salary, but were expected to profit from the publication and sale of their compiled decisions. Dallas continued to collect and publish Pennsylvania decisions in

754-511: The individual Supreme Court Reporters . As was the practice in England , the reports were designated by the names of the reporters who compiled them, such as Dallas's Reports and Cranch's Reports . The decisions appearing in the entire first volume and most of the second volume of United States Reports are not decisions of the Supreme Court of the United States . Instead, they are decisions from various Pennsylvania courts, dating from

783-536: The name of the petitioner (the losing party in lower courts) and by the name of the respondent (the prevailing party below), and other proceedings. United States Reports , once printed and bound, are the final version of court opinions and cannot be changed. Opinions of the court in each case are prepended with a headnote prepared by the Reporter of Decisions , and any concurring or dissenting opinions are published sequentially. The Court's Publication Office oversees

812-607: The other similarly unincorporated territories of American Samoa , Guam , Northern Mariana Islands and the Virgin Islands , do not enjoy Eleventh Amendment immunity. International law scholar Thomas H. Lee argues that foreign states were intended to be excluded from the Eleventh Amendment's prohibition—i.e., that foreign governments would still be permitted to sue state governments. However, in Principality of Monaco v. Mississippi , 292 U.S. 313 (1934),

841-532: The work of the world's most powerful court." Dallas went on to publish a total of four volumes of decisions during his tenure as Reporter. When the Supreme Court moved to Washington, D.C. in 1800, Dallas remained in Philadelphia, and William Cranch took over as unofficial reporter of decisions. In 1817, Congress made the Reporter of Decisions an official, salaried position, although the publication of

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