Eleventh Amendment to the United States Constitution
The 11th Amendment to the Constitution of the United States, the Eleventh Amendment, was adopted by the U.S. Congress on March 4, 1794 and was ratified on February 7, 1795.
Wording
"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. "
" The judicial power of the United States shall not be construed to indicate that it extends to complaints under the law or the law of equity that are hard or fought against a state of the United States by Citizens of another State, or by citizens or subjects of a foreign state. "
History
This constitutional amendment was adopted after the Supreme Court had decreed in his decision Chisholm v. Georgia in 1793, federal courts have jurisdiction in Klagverfahren against one of the States, and that the states have no immunity against actions brought by a citizen of another state.
The constitutional amendment deprives the federal courts the jurisdiction to deal with complaints of a person against the government of a state. However, federal courts can be availed if the respondent State permits such an action. Next, the Supreme Court in the case of Fitzpatrick v. Bitzer, 427 U.S. 445 in 1976 unanimously that Congress may waive the immunity of any state, if he does so in pursuit of its constitutionally entitled. See, eg, Seminole Tribe of Florida is the case v. Florida, 517 U.S. 44 (1996). The Supreme Court has interpreted the 14th Amendment to the Constitution as a such a law granting legal source.
Although the First Amendment literally cases a citizen who sued his own state, not included, the Supreme Court ruled in the case of Hans v. Louisiana 134 U.S. 1 (1890), that a broader principle of federal immunity exists, for which the Eleventh Amendment merely a example is. Such immunity is commonly referred to as "Eleventh Amendment immunity" ( " Eleventh Amendment immunity " ) refers, although even the Supreme Court has recognized this as a misnomer ( "something of a misnomer " ) in the case of Alden vs.. Maine, 527 U.S. 706 (1999).
There were opposing views of judges of the Supreme Court a consistent stance that the states had ceded to the ratification of the Constitution, its sovereignty. Thus, the Eleventh Amendment to the Constitution should be interpreted narrowly, so that it can be applied only to actions ( derived litigants from different states ) against States under the diversity jurisdiction are handled by federal courts.
Swell
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- Amendment to the Constitution of the United States
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