Talk: Eleventh Amendment to the United States Constitution
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When it's one line, why remove the source text?
Why is the 11th amendment construed by the courts as forbidding a suit in federal court by a citizen against his own state, when it specifically says "another"? It sounds as if the courts are ignoring that word. Michael Hardy 19:51 Jan 15, 2003 (UTC)
- The Supreme Court found that the Eleventh Amendment is merely confirmatory of a broader principle of immunity from suit that is inherent in the nature of states' sovereignty and was not surrendered by them in the constitution. The Chisholm vs. Georgia court mistakenly took that immunity away, and the Eleventh Amendment was adopted to restore the correct understanding. In recent years, state sovereign immunity has been commonly referred to as "Eleventh Amendment immunity" by the Supreme Court even while acknowledging that the principle of immunity is not limited by the terms of the Eleventh Amendment but arises out of the nature of statehood itself.--Pgva 21:30, 8 Sep 2004 (UTC)
