Tuesday, June 5, 2007

Con Law-11th Amendment

The 11th Amendment prohibits the citizens of one state from suing their own state or another state in federal court without the state's consent.

Subdivisions (cities, towns, counties) do not have immunity under the 11th Amendment.

State officials may be sued for abusing their power in enforcing an unconstitutional state statute.

The 11th Amendment does not bar suits brought by one state against another or suits brought by the federal government against a state.

Congress cannot authorize suits under its Article 1 Section 8 powers but CAN authorize suits under its enforcement powers in the post-Civil War Amendments to remedy past discrimination.

11th Amendment bars suits for damages but generally not injunctions.

State also cannot be sued in state court without its consent. State employees alleging age discrimination under federal law cannot sued their state employer because Congress cannot waive 11th Amendment immunity using its Article 1 powers.

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