: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Federal government can override state sovereignty, but it must STATE SO PLAINLY so that congress knows what it is voting on and the political process can run its course in determining whether to override state sovereignty (i.e. lobbyists can get involved, etc.)
- “Take title” provision was unconstitutional because it impermissibly “commandeered” state governments (legislature).
- Congress cannot compel state governments to adopt laws or regulations.
- Anti-commandeering doctrine extended to executive officers.
: “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 immunity interpretation: the Eleventh Amendment is a constitutional limit on federal court subject matter jurisdiction over all suits against state governments. (Based on not what 11th amendment actually says, but what it presupposes)
- The diversity interpretation: the Eleventh Amendment limits only diversity jurisdiction of federal courts; it leaves a state open to federal question suits by citizens and non-citizens alike. (Minority view)
Ways around the Eleventh Amendment: suits against state officers (ex parte young), waiver, congressional abrogation (if it has the power to do so, congress can abrogate under the supremacy clause but only in federal court).
- 11th Amendment Rules:
- 1. CANNOT sue state governments (or their agencies) in federal court.
- State Trooper with excessive force – no suit with state or DOCCPS
- 2. CANNOT sue state officials in their official capacities for money damages to be paid out of state treasury.
- State Trooper – cannot sue for damages
- 3. CAN sue state officials in their official capacities for prospective relief (e.g., injunctions) that requires state officials to comply with federal Constitution or laws, even if compliance will result in substantial state expenditures.
- State Trooper – can sue for prospective relief (future relief)
- 4. CAN sue state officials in their individual capacities for money damages, even if state law requires that the officer be indemnified with funds from the state treasury.
- State Trooper – as individual, he is personally liable and would pay out of pocket. Usually not deep pockets though, but moststates have passed indemnity laws.