Text: The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.
Plain English: States cannot be sued in federal court by the government, another state, or an individual.
Story of Passage: Amendment XI was passed on March 4, 1794 and was ratified on February 7, 1795. It was passed as a result of the Supreme Court’s decision in Chisholm v. Georgia in 1793. The issue of debate was whether or not citizens of a state had the right to sue another state in federal court. Article 3, section 2 gives permission to do so. For Chisholm v. Georgia, the Supreme Court also agreed and gave permission. However, many states felt that using the federal court system to sue state government undermined federalism and shifted power from state to national government. After the Supreme court made its decision, the Eleventh Amendment was passed by Congress. It repealed federal-court case decisions that involved states that were sued by citizens of another state or foreign nation. Twelve out of fifteen states that existed during the time ratified the amendment within a year.
Effect on US: It is important to maintain an equilibrium between the Federal and State Governments. Amendment XI essentially ensures the preservation of state sovereignty regarding legislating and regulating activities in the states. If the Federal Government and individuals had the freedom to sue the states in federal court, there would be a skew of power. To ensure a strong and cooperative relationship, there needs to be limitations on the suits brought against the state. Amendment XI allows the interests of the two entities to be weighed and considered— which, ultimately creates a balance between the State’s and Federal’s powers.
Effect on “You”: Although the differing perspectives among the states cause a myriad of disputes, the disparities fundamentally helps protect the balance of powers. As citizens of Pennsylvania, we are protected and obligated to adhere to Pennsylvania’s laws. As long as we are within the boundaries of the state, we are exempted from any other states’ constitution. Thus, it would be unreasonable for us to prosecute another state in the federal court. Without Amendment XI, people from other states could potentially initiate federal court actions against Pennsylvania. Reasons may involve, but not limited to, abortion, guns, drugs, alcohol, and the death penalty. These are only a couple of issues that differ among the states and even from federal law. As Pennsylvania citizens, we have the right to pro-choice, bear arms (at the age of 18 with exceptions), and can be sentenced to the death penalty. Allowing the federal court to intervene with state matters would be an encroachment of state rights and imbalance of powers.
I read this morning about education funding in Kansas. Apparently, the state of Kansas wants to spend and unconstitutionally small amount on the education of the children of that state. Governor Brownback is saying that if the Kansas Supreme Court forces Kansas to spend more on education then he and the legislature will go into the state constitution and change it so that they don't have to and so that courts must stay out of this particular issue. I kind of want to be able to sue Kansas about this issue because the decision of the Kansas Supreme Court and that state's legislature could set a precedent that could then be followed by Pennsylvania. I can't because of the 11th Amendment. Do you think we should amend the Constitution to fix this or am I being unreasonable?
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