Editor’s Note: This is a regular feature on topics related to the Constitution and civics education, written by Paul G. Summers, retired judge and state attorney general.
The U.S. Constitution, ratified in 1789, is our supreme law. The first 10 amendments, or Bill of Rights, were ratified in December 1791. The 11th Amendment was ratified four years later. When I was attorney general of Tennessee, I regularly dealt with the jurisdictional issues of the federal courts.
It is rarely an easy question. Interpretations by our Supreme Court evolve as the country grows; populations increase; government influences expand; and bureaucracies multiply.
The 11th Amendment regulates the access that citizens have when they sue a state in federal court.
Amendment XI reads: “
“The judicial power of the United States shall not be construed to extend to any suit at 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.”
Let’s talk about ‘sovereign immunity’ and exemptions
The 11th Amendment prohibits federal courts from hearing certain types of civil lawsuits against states. It has also been interpreted to mean that state courts do not have to hear certain types of civil lawsuits if they are based on federal law.
The Supreme Court had ruled that states did not have sovereign immunity, or freedom to be sued. States could be sued by citizens of another state. After the amendment, states were freed from liability for lawsuits brought by citizens of other states.
The 11th Amendment effectively overturned the Court’s 1793 decision in Chisholm v. Georgia. The amendment also prohibits a federal lawsuit against a state by “citizens or subjects of a foreign (country).”
The federal and state governments are often in conflict as they navigate the 10th Amendment
This amendment has no effect on the daily lives of most citizens. Its effect is primarily focused on the jurisdiction of the state or country. Now the Supreme Court has ruled that if a state gives its consent, it can be sued by its own citizen(s). A citizen of another state or a foreign citizen cannot sue a state in federal court.
Of course, there are several exceptions to a state’s sovereign immunity under the 11th Amendment. The most notable of these is waiver. The state must clearly waive its right to sovereign immunity before this exception takes effect.
The next column is relevant to the presidential election
We will continue our study of the Constitution in the next article on Amendment No. 12, which was ratified by the States in 1804. This amendment is especially relevant because this is a presidential election year.
The 12th Amendment changed the way the president and vice president are chosen for their offices. Before the amendment, the electors of each state voted for two people. The person with the most electoral votes became the president. The second highest was the vice president.
That all changed in 1804 with the 12th Amendment. The question now was whether a presidential candidate and a vice presidential candidate on the same ticket could both come from the same state. We’ll discuss that in the next column.
We encourage all readers to comment on these articles. These are the opinions of the author. You may agree or disagree, but such discussion is healthy from an academic standpoint. We encourage our readers to give us their opinions.
Paul G. Summers, an attorney, is a former appellate judge and senior judge, district attorney general, and attorney general of Tennessee. Judge Summers grew up in Fayette County and lives in Nashville and Holladay. 6-28-2024
This article originally appeared on Nashville Tennessean: Civics Education: 11th Amendment Overturns Supreme Court Ruling
