The Eleventh Amendment

"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."

The Eleventh Amendment is means a citizen of a state cannot sue another state or country in a federal court. For example, an individual from Arizona cannot sue a person from Mexico. Also, a state cannot sue the federal government.

Chrisholm v. Georgia (1793)

Facts of the Case:

In 1777, the Executive Council of Georgia authorized the purchase of needed supplies from a South Carolina businessman. After receiving the supplies, Georgia did not deliver payments as promised. After the merchant's death, the executor of his estate, Alexander Chisholm, took the case to court in an attempt to collect from the state. Georgia maintained that it was a sovereign state not subject to the authority of the federal courts.

Question:

Was the state of Georgia subject to the jurisdiction of the Supreme Court and the federal government?

Conclusion:

In a 4-to-1 decision, the justices held that "the people of the United States" intended to bind the states by the legislative, executive, and judicial powers of the national government. The Court held that supreme or sovereign power was retained by citizens themselves, not by the "artificial person" of the State of Georgia. The Constitution made clear that controversies between individual states and citizens of other states were under the jurisdiction of federal courts. State conduct was subject to judicial review.

http://www.oyez.org/cases/1792-1850/1793/1793_0

In the case of Chrisholm v. Georgia, the Eleventh Amendment removed federal jurisdiction in cases where citizens of one state or of foreign countries attempt to sue another state.

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The court ruled in several cases that the doctrine of sovereign immunity prevents citizens from suing state agencies under the Americans with Disabilities Act of 1990. In 2003, the Court ruled that in the case Nevada v. Hibbs, ruled that the Family and Medical Leave Act of 1993 did not immunize state government agencies against lawsuits brought by former states employees. States are also free to waive their immunity and consent to a lawsuit.