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Topic: Eleventh Amendment to the United States Constitution


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In the News (Wed 19 Jun 19)

  
  United States Constitution   (Site not responding. Last check: 2007-09-07)
The Constitution of the United States is the supreme law of the United States of America and is the oldest written national constitution still in force.
The United States has states so this means that the 13 states (representing as little as 4% of national population) could block an amendment desired the remaining 37 states (representing as much 96% of the national population).
Amendments to the Constitution subsequent to the of Rights cover a wide range of The majority of the seventeen later amendments from continued efforts to expand individual civil political liberties while a few are concerned modifying the basic governmental structure drafted in in 1787.
www.freeglossary.com /United_States_Constitution   (3405 words)

  
 Jones Day - Publications - Supreme Court Addresses Ability to Sue States
In certain instances, states are deemed to be outside of the umbrella of the bankruptcy arena and are thus "immune" to the dictates of the bankruptcy court.
Although Eleventh Amendment immunity is in the nature of a jurisdictional bar, "it does not implicate a federal court’s jurisdiction in any ordinary sense, and thus may be forfeited by a state’s failure to assert it, or may be waived." A "waiver" of sovereign immunity may result from affirmative activity by the state.
The court concluded that state law was, at the least, unclear as to whether Georgia’s attorney general possessed the authority to waive the state’s Eleventh Amendment immunity.
www.jonesday.com /pubs/pubs_detail.aspx?pubID=S940   (1311 words)

  
 Alden v. State
We held that because the State had not waived its Eleventh Amendment immunity from suit in federal court, it was not reasonable to conclude that it had waived its sovereign immunity to the same suit in state court.
Although the Eleventh Amendment is not directly applicable to state courts, the doctrine of sovereign immunity similarly protects the states from actions [in] state courts." Id. at 158 n.3 (citation omitted).
In reaching this conclusion, we have found that the Eleventh Amendment and state sovereign immunity are analogous, to the extent that both protect the State from being forced by an act of Congress to defend against a federal cause of action brought by a private individual.
www.courts.state.me.us /opinions/documents/98me200a.htm   (1624 words)

  
 Eleventh Amendment to the United States Constitution - Wikipedia, the free encyclopedia
Amendment XI (the Eleventh Amendment) of the United States Constitution was passed by the U.S. Congress on March 4, 1794 and was ratified on February 7, 1795.
Louisiana, 134 U.S.) that a broader principle of state sovereign immunity inheres in the Eleventh Amendment.
The dissenting view, which has never garnered more than four justices' support, is that the states surrendered their sovereign immunity when they ratified the Constitution (and certainly when they ratified the Fourteenth Amendment), and that the Eleventh Amendment should therefore be read narrowly as a constitutional limitation on the diversity jurisdiction of the federal courts.
en.wikipedia.org /wiki/Eleventh_Amendment_to_the_United_States_Constitution   (344 words)

  
 STATE SOVEREIGN IMMUNITY: A REFERENCE GUIDE TO THE UNITED STATES CONSTITUTION
The author analyzes the present state of the controversy in three parts: “Introduction,” “History,” and “Analysis.” The “Introduction” gives an overview of the present controversy over the meaning and effect of the Eleventh Amendment to the United States Constitution but neglects an explanation of the opposed positions that define the controversy.
According to this view the Eleventh Amendment implicitly recognized the pre-existing immunity and its structural result and merely corrected the decision of the U.S. Supreme Court in CHISHOLM v.
GEORGIA (1793) that ignored the state’s immunity and allowed a state to be sued in the federal courts by a citizen of another state.
www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/durchslag-melvyn.htm   (912 words)

  
 The Constitution of the United States of America
682 (1976); Gibbons, The Eleventh Amendment and State Sovereign Immunity: A Reinterpretation, 83 Colum.
It is an attempt to strain the Constitution and the law to a construction never imagined or dreamed of.''\26\ ``The truth is, that the cognizance of suits and actions unknown to the law, and forbidden by the law, was not contemplated by the Constitution when establishing the judicial power of the United States.
Thiboutot, 448 U.S. (1980), and state immunities are inapplicable.
www.gpoaccess.gov /constitution/html/amdt11.html   (6964 words)

  
 [No title]
The Eleventh Amendment provides: 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.
In light of the foregoing, we must determine, first, whether Congress expressly abrogated the states' Eleventh Amendment immunity when enacting the current version of section 106(a),8 and, second, whether the Act in question was passed pursuant to a constitutional provision granting Congress the power to abrogate.
Because Eleventh Amendment immunity applies uniformly to all states and to all parties in a bankruptcy proceeding, the uniformity requirement is not frustrated, and Sacred Heart's argument must fail.
vls.law.vill.edu /locator/3d/jan1998/98a1772p.txt   (4033 words)

  
 Oregon Judicial Department - Publications
Although the state acknowledges that a number of takings claims under the federal constitution have proceeded in Oregon courts throughout the years, it argues that the sovereign immunity question was not raised and thus was not addressed in those cases.
As the state points out, there are significant differences between a government authorizing or conducting a physical invasion of the property of another and a government regulating what one may do with property due to the random or incidental location of a natural resource or wild animal on the property.
The state argues that the trial court erred in striking its defense that Boise's proposed logging would constitute a nuisance and that the state cannot be liable for refusing to permit Boise to perform acts that constitute a nuisance and violate the law.
www.publications.ojd.state.or.us /A100855.htm   (5748 words)

  
 Cases for Team Project
UNITED STATES (USAP7) Whether the passage of 18 U.S.C. 3501 was an unconstitutional attempt by Congress to legislatively overrule them Supreme Court's decision in Miranda v.
Whether an individual state may deny entry to, or penalize for non-compliance with state safety and environmental protection regulations, a vessel that has been found by the vessel's nation of registry and the United States under multilateral treat commitments, federal law, and federal regulations governing safety and environmental protection.
Whether the extension of the Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq., to the States was a proper exercise of Congress's power under Section 5 of the Fourteenth Amendment, thereby constituting a valid exercise of congressional power to abrogate the States' Eleventh Amendment immunity from suit by individuals.
www.humboldt.edu /~jae1/emen410Cases00.html   (1140 words)

  
 [No title]
A. The Eleventh Amendment of the United States Constitution provides that: The Judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against any one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
Unless Congress had said in so many words that it was abrogating the states' sovereign immunity in age discrimination cases--and that degree of explicitness is not required, (citations omitted) --it could not have made its desire to override the states' sovereign immunity clearer.
In the instant appeal, we are presented with similar Eleventh Amendment concerns in the context of a case in which reinstatement and/or compensatory damages -- the ultimate object of the steelworkers' underlying action -- has already been supplied by virtue of a settlement agreement.
vls.law.vill.edu /locator/3d/Feb1996/96a1262p.txt   (4596 words)

  
 Intellectual Property Professional Information Center: Senate Bill to Restore Liability for Infringement (S. 2031)   (Site not responding. Last check: 2007-09-07)
States on the other hand also want to protect their sovereignty under the Constitution and want to assert their intellectual property rights especially in the context of private/public partnerships where ownership issues may be in doubt, creating the prospect for protracted litigation.
States that choose not to waive their immunity within 2 years after enactment would continue to enjoy many of the benefits in the intellectual property marketplace.
The United States is one of the leading proponents for the enforcement of intellectual property rights throughout the world.
ipcenter.bna.com /pic2/ip.nsf/id/BNAP-58PR7R?OpenDocument   (2433 words)

  
 NPELRA: Legislative & Legal Updates   (Site not responding. Last check: 2007-09-07)
Maine's lower courts, joined by its supreme court, ruled that the Eleventh Amendment to the United States Constitution makes states immune from state court lawsuits under the FLSA which would otherwise be barred in the federal courts.
Constitution do not include the power to subject non-consenting states to private suits under the FLSA in state courts" any more than they could be subject to those suits in federal court.
While this decision is rooted in the Eleventh Amendment to the U.S. Constitution, it is another in an ever-growing line of recent high court decisions restricting the power of the United States Congress over state and, in some cases, local governmental units.
www.npelra.org /legal/supreme1.asp   (791 words)

  
 Amendment 11 to the United States Constitution, which guarantees the Sovereign Immunity of the States
The Eleventh Amendment to the Constitution of the United States grants sovereign immunity to the individual states, which means that the states cannot be sued in federal court by a citizen of another state, without the state's consent.
Note that even without the 11th Amendment, a state cannot be sued in federal court by one of its own citizens, because Article III, Section 2, Clause 1, does not give the federal courts the jurisdiction to entertain such suits.
The amendment was subsequently ratified by South Carolina on December 4, 1797.
www.ishipress.com /amend-11.htm   (405 words)

  
 Constitution for the United States of America
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
The conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added.
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote.
www.constitution.org /cons/constitu.htm   (4802 words)

  
 NPELRA: Legislative & Legal Updates   (Site not responding. Last check: 2007-09-07)
Many state employers have escaped the reach of the federal anti-discrimination laws by means of the sovereign immunity provision of the Eleventh Amendment to the United States Constitution.
The Court based its decision upon an analysis of the Constitutional authority upon which Title VI was enacted: Congress’s power under the Spending Clause to place conditions upon the receipt of federal funds.
The court also concluded that the FMLA is a valid exercise of Congress's Section 5 power-namely, the “power to enforce, by appropriate legislation, the substantive provisions of the Fourteenth Amendment.”  Accordingly, the Ninth Circuit held that state employers are not immune from liability under the FMLA.
www.npelra.org /legal/canisue0902.asp   (1657 words)

  
 Constitution of the United States
When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State; And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
www.ushistory.org /documents/constitution.htm   (2619 words)

  
 CJLF: Briefs: Univ. of Alabama v. Garrett   (Site not responding. Last check: 2007-09-07)
QUESTION PRESENTED: Whether the Eleventh Amendment to the United States Constitution bars suits by private citizens in federal court under the Americans with Disabilities Act against non-consenting states.
As applied to state correctional facilities, the ADA is a massive federal intrusion into a core state government function
The ADA is not a valid exercise of Congress's Fourteenth Amendment enforcement power
www.cjlf.org /briefs/GarrAsh.htm   (78 words)

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