The 11th Amendment & Sovereign Immunity

Question 1

The 11th Amendment

11th Amendment

Answer 1

Federal courts cannot hear claims from a private party or foreign government against a state government

Question 2

Sovereign Immunity

Sovereign Immunity

Answer 2

Bars suits against states in state court

Question 3

11th Amendment

11th Amendment: Exceptions

Answer 3

Suits against state governments are allowed in federal court where:

1) The state waives sovereign immunity or consents;
2) The suit involves the enforcement of laws under Section 5 of the 14th Amendment and Congress has removed immunity;
3) The federal government brings the suit;
4) Bankruptcy proceedings

Question 4

11th Amendment

11th Amendment: Suits against state officers

Answer 4

Can be brought in federal court if the suit involves either:

1) Injunctive relief claim for violation of the Constitution or federal law; or
2) Claim for money damages to be paid by the state officer personally