Eleventh Amendment Limits on Congress
"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."
11th Amendment
Cite Comstock if you are trying to enforce law that just seems like a good idea.
A note
5th amendment Contract clause
Possible Barriers: to states passing any old law
True
True or False: Congress cannot do anything to create a market (with regards to interstate commerce, here were are referring to something that is not economic yet/there is no market for the comodity).
True
True or False: Congress may not abrogate (repeal/get rid of) states' sovereign immunity protected by the Eleventh Amendment unless through an exercise of power derived from §5 of the Fourteenth Amendment (Quimbee)
True
True or False: Congress may not authorize suits against state governments in state courts, even on federal claims, without the state governments' consent (Quimbee)
True
True or False: Contract clause does not prevent states from creating laws that will govern contracts in the future. Contract clause protects Ks that are already in existance.
True
True or False: States have the power to pass any law that they want, unless there is some sort of barrier.
True
True or False: The Eleventh Amendment provides immunity for states against actions by private citizens in federal administrative proceedings (Quimbee).
True
True or False: The Eleventh Amendment, despite is language, serves more as a limit on Congress' power than the power of the Court.
1. only effects suits by private individuals states can sue other states and fed govt can sue states 2. Congress can rely on its 14th amendment power 3. Can sue cities, counties, and other local govt. bodies. Congress can create laws that allow people to sue these entities. 4. Can sue for injunction or declatory judgment (non-monatary form of relief) --> Can sue a state official that you believe is violating your rights (for delatory judgement) 5. Only applies to congressionally created rights using a delegated power (the above points and 11th amendment principles) 6. This is not about constitutional rights (these aren't congressionaly created rights)
What are the exceptions to this: Congress cannot use a deligated power in order to subject a state to lawsuit w/o state's consent.
Congress cannot use a deligated power in order to subject a state to lawsuit w/o state's consent.
What does the 11th Amendment do?
