11th Amendment

Question 1

11th Amendment

Answer 1

Sovereign immunity against suits. States cannot be sued in Federal Government. (Extends to State Courts too, Ct’s stay)

• Cannot sue state if you are either a citizen of that state, or if from another state
• Protects Monetary judgment that comes out of State Treasury

Question 2

Exceptions to 11th Amendment

Answer 2

1) Consent
2) Sue Individual State Officer
3) Abrogation

Question 3

Consent

Answer 3

if state consents then can sue in federal or state court/ must be clear cannot imply “waive immunity”
a. could be a way to receive federal funds. Can get money out of state treasury if Consent

Question 4

Individual

Answer 4

can sue individual state officers for injunctive relief or monetary damages, if they come out of officers own bank account

Question 5

Abrogation

Answer 5

Gen. Rule- Federal government can abrogate State sovereign immunity if abrogates under valid legislation under 14th amendment

a. Congress has power to override sovereign immunity and authorize suits against state governments
b. Congress can make law for individual call of action
c. Must be valid legislation under 14th amendment.
d. Can get money from state treasury
e. Congress intent to abrogate the States’ immunity from suit must be obvious from a “clear legislative statement”

Question 6

Some Cases for examples

Answer 6

Florida Prepaid: has to be constitutional violation if Congress to make law under 14th amendment Authority. (Must be constitutional problem)

Kimel Age Discrimination act- (rational basis review) low level baseline.
• Hard to show const. problems with rational basis test
• Congress did not find problem in state so cannot make laws to abrogate 11th amendment

Garrat : Rational basis review, not find const. problem.

Tennesee v. Lane Oppissite of Garrat. Acting in authority.
• Baseline changed. “Access to Justice: as a fundamental right.
• Most fundamental rights get “strict scrutiny”