Thursday, 28 March 2013

Overalls

The Eleventh Amendment (Amendment XI) to the coupled States Constitution, which was passed by the Congress on serve 4, 1794, and was ratified on February 7, 1795, deals with each states sovereign immunity. This amendment was adopted in order to overrule the U.S. Supreme Courts decision in Chisholm v. Georgia, 2 U.S. 419 (1793).
The Eleventh Amendment, the first amendment to the Constitution after the Bill of Rights, was adopted following the Supreme Courts ruling in Chisholm v. Georgia, 2 U.S. 419 (1793). In Chisholm, the Court ruled that federal courts had the authority to hear cases in law and equity brought by private citizens against states and that states did not know sovereign immunity from befits made by citizens of other states. Thus, the amendment elegant Article III, Section 2 of the Constitution, which gave diversity jurisdiction to the terrace to hear cases between a state and citizens of another state.
The amendments text does not mention suits brought against a state by its receive citizens. However, in Hans v. Louisiana, 134 U.S. 1 (1890), the Supreme Court ruled that the amendment reflects a broader principle of sovereign immunity. As Justice Anthony Kennedy, writing for a five Justice majority, stated in Alden v. Maine, 527 U.S.

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706 (1999):
which clarifies judicial ply over foreign nationals and limits the ability of citizens to sue states

The Judicial superpower of the get together States shall not be construed to extend to any(prenominal) 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.

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