Eleventh Amendment (1795)

Ratified 1795 — Limits on federal judicial power and state sovereign immunity

The Eleventh Amendment restricts the judicial authority of the United States by stating that the federal courts do not have jurisdiction over suits brought against a state by citizens of another state, or by citizens or subjects of a foreign state. In practical terms, it shields states from certain kinds of lawsuits in federal court and affirms the principle of state sovereign immunity unless the state consents to be sued.

The Amendment was adopted in response to Chisholm v. Georgia (1793), where the Supreme Court held that states could be sued by citizens of another state. Many states reacted with alarm, and the Eleventh Amendment was proposed and ratified to rein in that decision and re-balance the relationship between state and federal authority.

Text of the 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.”

Text (paraphrase): "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."

This means that a citizen cannot sue a state in federal court, but the 11th Amendment doesn’t give the state the right to cheat you. It just limits where and how you can sue. Most states have internal systems to handle contract disputes, so you must use those instead of filing directly in federal court.

Purpose and Historical Context

Before the 11th Amendment, the Supreme Court case Chisholm v. Georgia (1793) ruled that a citizen of one state could sue another state in federal court. This caused a huge backlash: many states did not want to be forced into court by citizens of other states. The solution was that the 11th Amendment limits federal court jurisdiction over cases where a state is sued by individuals from another state or country. Essentially, it gives states sovereign immunity from certain lawsuits. States cannot be sued in federal court by citizens of another state or foreign citizens without their consent. This is not an absolute. States can still be sued by their own citizens under some circumstances or in state courts. Congress can sometimes authorize certain suits under its constitutional powers.

The impact was strengthened state sovereignty and reduced federal court interference in state matters. Before 11th Amendment a New York citizen could sue Georgia in federal court over a debt. After 11th Amendment that same suit cannot proceed unless Georgia consents.

Further Study

The 11th amendment raises many questions and legal quagmires. To fully understand and appreciate modern arguments about the 11th amendment it is helpful to understand the full history of Chisholm v. Georgia and read lectures located in the Malone Law Department under Constitutional law.

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