Fitzpatrick v. Bitzer
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
|Fitzpatrick v. Bitzer|
|Court||U.S. Supreme Court|
|Citation||427 U.S. 445 (1976)|
|Pennsylvania v. Union Gas Co.|
Whether Congress has the power to authorize Federal courts to enter such an award against the State as a means of enforcing the substantive guarantees of the 14th Amendment going against the shield of sovereign immunity afforded by the 11th Amendment.
Congress may, in determining what is appropriate legislation for the purpose of enforcing the provisions of the 14th Amendment, provide for private suits against states or state officials which are constitutionally impermissible in other contexts.