How to Analyze State Sovereign Immunity under the 11th Amendment on a Constitutional Law Essay

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How to Analyze State Sovereign Immunity under the 11th Amendment on a Constitutional Law Essay

ELEVENTH AMENDMENT: STATE SOVEREIGN IMMUNITY

the 11th Amendment is a jurisdictional bar that prohibits both: (1) the citizens of one state or foreign country from suing another state in FEDERAL court for money damages or equitable relief; AND (2) suits in FEDERAL court against state officials for violations of state law. Additionally, the Supreme Court has expanded the reach of the 11th Amendment to also prohibit citizens from suing their OWN state in federal court (Hans v. Lousiana).

EXCEPTIONS TO THE ELEVENTH AMENDMENT

However, the following are exceptions to the application of the 11th Amendment:

Consent

A state may consent to a suit thereby waiving its 11th Amendment immunity.

Congressional Authorization

Congress may abrogate state sovereign immunity under the 11th Amendment if Congress is clearly and expressly acting pursuant to its power to enforce the guaranteed protections of the 14th Amendment. (Fitzpatrick v. Bitzer).

Injunctive Relief

A state official named as a defendant in an action brought in federal court is not immune under the 11th Amendment when the plaintiff is seeking injunctive relief. The state official may be enjoined from enforcing a state law that violates federal law or may be compelled to act in accordance with federal law despite state law to the contrary.

Outside the State Official’s Representative Capacity

A state official named as a defendant in an action brought in federal court is not immune under the 11th Amendment from claims arising outside the state official’s representative capacity. An action for damages against a state official is not prohibited if the official himself (not the state) will have to pay.
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