Con Law - Essay Blurbs Flashcards
Eleventh Amendment
The Eleventh Amendment prohibits a party from suing a state or a state agency in federal court UNLESS: (a) the state explicitly consents to waive its Eleventh Amendment protections; (b) the suit pertains to federal laws adopted under Section 5 of the Fourteenth Amendment; (c) the suit seeks only injunctive relief against a state official for conduct that violates the Constitution or federal law; OR (d) the suit seeks money damages from a state official.
The Eleventh Amendment DOES NOT apply to: (a) local governments (counties, cities, towns); (b) federal suits brought by one state against another state; and (c) a suit by the federal government against a state.
The Supreme Court has held that Congress CANNOT abrogate state sovereign immunity EXCEPT for federal laws adopted under Section 5 of the Fourteenth Amendment. To determine whether Congress validly abrogated State immunity, two issues must be resolved: (1) whether Congress unequivocally expressed its intent to abrogate the immunity; AND (2) if it did, whether Congress acted pursuant to a valid grant of constitutional authority
Standing
Article III of the Constitution limits federal courts to deciding actual cases or controversies. As such, a plaintiff MUST have standing to sue in federal court.
Standing exists when the plaintiff: (1) personally suffered an injury in fact (a concrete and particularized injury); (2) the injury was caused by the defendant (a reasonable connection is sufficient); AND (3) the injury is redressable by a court order
