{"id":30948,"date":"2016-04-04T20:33:53","date_gmt":"2016-04-05T01:33:53","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/amendment11\/annotation01.html"},"modified":"2024-08-16T15:31:49","modified_gmt":"2024-08-16T20:31:49","slug":"annotation01","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/amendment11\/annotation01.html","title":{"rendered":"Do States Have Sovereign Immunity?"},"content":{"rendered":"\n
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Do States Have Sovereign Immunity?<\/h1>\n
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\n By Samuel Strom, J.D.<\/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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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\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

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The Eleventh Amendment to the U.S. Constitution prevents federal courts from exercising jurisdiction over cases involving citizens of one state suing another state in federal court. However, there are exceptions and nuances to the general rule that complicate the seemingly straightforward doctrine of state sovereign immunity. <\/p>\n\n <\/div>\n\n

The Eleventh Amendment bars the federal courts from taking certain lawsuits against state governments. But does that mean states have sovereign immunity? When the Constitution was written, some feared the implications of individuals suing states in federal court. Others argued that it made sense for the federal courts to keep states in check.<\/p>\r\n

The general rule is that private citizens and groups may not sue their state in federal court<\/a> due to state sovereign immunity. A state may consent to a private lawsuit in federal court, and Congress may also abrogate a state’s sovereign immunity. However, private citizens generally may not sue their state or another state in federal court.<\/p>\r\n

This article describes the concept of state sovereign immunity. It begins with the Eleventh Amendment’s text and an explanation of its meaning. It then provides the historical background and different interpretations of state sovereign immunity. Then, it discusses several landmark Supreme Court cases dealing with state sovereign immunity. It concludes by discussing congressional abrogation and state waivers of sovereign immunity.<\/p>\r\n

What the Eleventh Amendment Says<\/b><\/h2>\r\n

Ratified in 1795, the Eleventh Amendment<\/a> states the following:<\/p>\r\n

"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."<\/i><\/p>\r\n

What the Eleventh Amendment Means<\/b><\/h2>\r\n

The Eleventh Amendment’s plain language does not bar a private citizen from suing their own state in federal court. However, the Supreme Court has consistently held that the amendment bars private citizens from filing lawsuits against a state unless the state consents to the lawsuit. It also bars lawsuits filed by citizens of their own state and citizens from one state suing a different state.<\/p>\r\n

The general rule, therefore, is that the Eleventh Amendment prohibits private citizens from suing a state government in federal court. A state government includes the state itself, as well as state agencies. It also generally bars plaintiffs from filing federal lawsuits against state officials like a governor.<\/p>\r\n

Are there exceptions to the Eleventh Amendment?<\/h3>\r\n

There are exceptions to the general rule. With regard to suing a state or one of its agencies, the following exceptions apply:<\/p>\r\n