Editing Constitutional Law Chemerinsky/Outline I
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==Congress’s Power to Authorize Suits Against State Governments== | ==Congress’s Power to Authorize Suits Against State Governments== | ||
''The | ''The Eleventh Amendment'' | ||
*v The Eleventh Amendment was adopted to overrule ''Chisholm v. Georgia'' (1793). ''Chisholm'' involved an attempt by a South Carolina citizen to recover money owed by Georgia. He sued in federal court pursuant to the language of Article III that expressly allows federal courts to hear suits against state governments by citizens of other states. Georgia claimed that it had sovereign immunity and could not be sued without its consent. The Supreme Court, in a four-to-one decision, ruled in Chisholm’s favor. They concluded that the clear language of Article III authorized suits against a state by citizens of another state. | *v The Eleventh Amendment was adopted to overrule ''Chisholm v. Georgia'' (1793). ''Chisholm'' involved an attempt by a South Carolina citizen to recover money owed by Georgia. He sued in federal court pursuant to the language of Article III that expressly allows federal courts to hear suits against state governments by citizens of other states. Georgia claimed that it had sovereign immunity and could not be sued without its consent. The Supreme Court, in a four-to-one decision, ruled in Chisholm’s favor. They concluded that the clear language of Article III authorized suits against a state by citizens of another state. | ||
*v ''Hans v. Louisiana'' (1890), the Court held that the Eleventh Amendment also bars suits against a state by its own citizens. | *v ''Hans v. Louisiana'' (1890), the Court held that the Eleventh Amendment also bars suits against a state by its own citizens. |