Amendment XI · Later Amendment
Eleventh Amendment: Suits against states
About 10 min total: 5 min reading + 5 min for its 6 practice questions
Federal courts cannot hear suits against a state by citizens of another state or a foreign country.
- Proposed by Congress
- March 4, 1794
- Ratified
- February 7, 1795
- Group
- Later Amendment
- Effect on the Constitution
- Modified Article III, Section 2.
The text
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.
National Archives note: Article III, section 2, of the Constitution was modified by amendment 11.
What it means
- A state cannot be sued in federal court by a citizen of another state or by a foreign citizen or country.
- The Court later extended this state sovereign immunity to suits by a state's own citizens (Hans v. Louisiana, 1890).
Who proposed it
Congress proposed it in direct response to Chisholm v. Georgia (1793). The Senate passed it January 14, 1794 and the House on March 4, 1794. No single author is reliably documented.
When it was proposed and ratified
- Proposed by Congress: March 4, 1794. Senate January 14, House March 4, 1794.
- Ratified: February 7, 1795. North Carolina was the 12th of 15 states. President John Adams did not announce the ratification until January 8, 1798.
Amendments are not signed into law. Congress proposes them by a two-thirds vote of both houses, and they become part of the Constitution when three-fourths of the states ratify. The President has no formal role (Article V).
Why it was made
During ratification, Anti-Federalists such as George Mason warned that Article III would let individuals sue states in federal court. Federalists including Madison and John Marshall said it would not. Then in Chisholm v. Georgia (1793) the Supreme Court let a citizen of South Carolina sue the State of Georgia over a debt. States feared lawsuits over their Revolutionary War debts, and Congress quickly proposed this amendment, the first to reverse a Supreme Court decision. In Hollingsworth v. Virginia (1798) the Court confirmed it applied to all such cases and that the President plays no role in approving amendments.
Key Supreme Court cases
- Chisholm v. Georgia (1793): the decision the amendment overturned
FCLE tips
- First amendment adopted to overturn a Supreme Court decision.
| This | With this |
|---|---|
| 11th: states can't be sued by citizens of other states | 10th: powers reserved to states |
Sources: National Archives (text and dates); Constitution Annotated (Congress.gov) (proposal and ratification history); U.S. Senate Historical Office and Library of Congress (sponsors).