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The Eleventh Amendment restricts the ability of individuals to bring suit against states of which they are not citizens in federal court. The Eleventh Amendment was adopted to overrule the Supreme Court's decision in Chisholm v. Georgia (1793).
The Eleventh Amendment’s text prohibits the federal courts from hearing certain lawsuits against states. The Amendment has also been interpreted to mean that state courts do not have to hear certain suits against the state, if those suits are based on federal law.
The Court, in a unanimous opinion, declined to so extend the Eleventh Amendment, noting, among other things, that the principles of federalism were served by giving state officials the latitude and discretion to enter into enforceable consent decrees.
Eleventh 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.
Eleventh 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.
begins by taking a step back. Part I considers what we would theoreti-cally expect from waiver law if we accepted the Court’s suggestion that constitutional waivers, no matter the underlying right, must at mini-mum meet Johnson’s requirements of voluntariness and knowingness.
5 cze 2024 · Explore the historical context, legal interpretations, and implications of the Eleventh Amendment and state sovereign immunity, which shields states from certain legal liabilities and impacts civil rights litigation and intellectual property law.
