Legislative Powers - State Immunity Flashcards
What was the rule of law/holding from Chisolm v. Georgia?
Supreme court said it had jurisdiction under Art. III: “the judicial power shall extend to Controversies between a state and citizens of another state.”
What eventually overturned Chisolm v. Georgia?
The 11th Amendment
How does the 11th Amendment apply to state immunity?
It states that citizens of one state can no longer sue another state
What was the rule of law from Seminole Tribe?
Congress may not abrogate (take away) a states’ sovereign immunity protected by the by the 11th Amendment unless through an exercise of power derived from section 5 of the 14th Fourteenth Amendment
What are 4 exceptions to the 11th Amendment?
- United States can sue a state.
- States can sue each other.
- The state has clearly consented.
- Congress has abrogated pursuant to Section 5 of the 14th Amendment
Can Congress abrogate state sovereign immunity if a state is violating the 14th amendment?
yes
What are the ways congress can abrogate a states sovereign immunity if it is violating the 14th amendment (2)?
- Making a clear and unequivocal statement that the immunity is being abrogated. This puts the state on notice that they can be sued.
- A Congruence & Proportionality Test: must be congruent and proportional to the harm (relationship between remedy and state action)
What can executive state officials be sued for?
only injunctive relief
Money damages can only be sought from the particular actions of an official himself, where the money would not come from the State Treasury (like suing a police officer for brutality).
What was the rule of law that came from Alden v. Maine?
Congress may not authorize suits against state governments in state courts, even on federal claims, without the state governments’ consent.
Does the 10th amdendment allocate state powers and immunities?
No, the 10th amendment allocates power but doesn’t say anything about immunities
