{"id":30947,"date":"2016-04-04T20:33:53","date_gmt":"2016-04-05T01:33:53","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/amendment11.html"},"modified":"2024-08-21T18:49:02","modified_gmt":"2024-08-21T23:49:02","slug":"amendment11","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/amendment11.html","title":{"rendered":"Eleventh Amendment: Lawsuits Against States"},"content":{"rendered":"\n
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\n \n Eleventh Amendment to the U.S. Constitution\n <\/h1>\n \n Lawsuits Against States\n <\/p>\n <\/div>\n<\/div>\n\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n\n

Congress passed the Eleventh Amendment a few years after the newly formed Supreme Court allowed an individual to file a lawsuit against a state. Although the Eleventh Amendment protects state sovereignty, it has taken a few centuries to clarify its application.<\/p>\n

The function of the Eleventh Amendment is straightforward: it upholds state sovereign immunity, shielding states from certain types of lawsuits in Article III federal courts. Additionally, state courts have the discretion to refuse cases involving disputes between states under federal law. This is a notably rare amendment specifically aimed at overturning a Supreme Court decision, Chisholm v. Georgia<\/i><\/a>.<\/p>\n

A thorough understanding of the Eleventh Amendment requires an examination of its historical context and the interpretations by the Supreme Court following its ratification.<\/p>\n

Historical Context<\/b><\/h2>\n

For most of American history, Congress has passed amendments to the U.S. Constitution to address societal ills. For example, Congress passed the Fourteenth Amendment in the aftermath of the U.S. Civil War to protect the rights of newly freed African Americans. The Twenty-First Amendment responded to the Temperance Movement in the early 20th Century. In this context, the Eleventh Amendment bears little resemblance to its sister amendments.<\/p>\n

Chisholm v. State of Ga<\/i><\/a>. <\/i>was the catalyst for the Eleventh Amendment. Chisholm<\/i> is a 1792 Supreme Court case in which the plaintiff, Alexander Chisholm, tried to sue the State of Georgia over a Revolutionary War debt. Chisholm represented the estate of a South Carolina resident. Georgia claimed state sovereignty and refused to appear in court.<\/p>\n

Article III Courts<\/b><\/h3>\n

Article III<\/a>, Section 1 of the U.S. Constitution established our federal judiciary, with the Supreme Court at the apex. It also grants Congress the power to establish “lesser” courts<\/a>, such as our federal District Courts and Courts of Appeal.<\/p>\n

Like other courts, federal courts need jurisdiction before hearing a court case. There are two ways in which federal courts can exercise subject-matter jurisdiction over a case:<\/p>\n