Paragraph 1: The Eleventh Amendment protects states from being hauled into federal court by private individuals. A creditor cannot sue a state in federal court; an employee cannot sue for back wages; a person injured cannot seek damages. Only the state can waive this protection.
Paragraph 2: The amendment was ratified in 1795 in direct response to Chisholm v. Georgia (1793), where the Supreme Court allowed a South Carolina creditor to sue Georgia in federal court to recover a debt. The decision alarmed states, who feared they'd be flooded with lawsuits in federal tribunals. The states moved quickly to amend the Constitution and reclaim their immunity.
Paragraph 3: Congress can abrogate state sovereign immunity when enforcing the 14th Amendment's equal protection and due process guarantees. So victims of discrimination or due process violations can sue states in federal court. States can also voluntarily waive immunity. But in areas outside the 14th Amendment, Eleventh Amendment protection is nearly absolute.
Sovereign immunity affects where people can seek justice. If you're injured by a state's negligence and the Eleventh Amendment blocks federal court, you may only have a state court remedy. It shapes the reach of federal law and the geography of justice.
People often think the federal government can force states into federal court. In practice, the Eleventh Amendment shields states from most federal lawsuits unless Congress was enforcing a constitutional right or the state consents.
Sovereign immunity affects where people can seek justice. If you're injured by a state's negligence and the Eleventh Amendment blocks federal court, you may only have a state court remedy. It shapes the reach of federal law and the geography of justice.
People often think the federal government can force states into federal court. In practice, the Eleventh Amendment shields states from most federal lawsuits unless Congress was enforcing a constitutional right or the state consents.