Sovereign Immunity

Question 1

Eleventh Amendment - state v. state

Answer 1

The Eleventh Amendment does not bar actions by one state government against another state government.

Question 2

Eleventh Amendment - general rule

Answer 2

The Eleventh Amendment prohibits federal courts from hearing most private actions against state governments. The prohibition includes action in which the state is named as a party or in which the state will have to pay retroactive damages. Congress can remove Eleventh Amendment immunity as to actions created under the Fourteenth Amendment.

Question 3

Eleventh Amendment - suing state officials

Answer 3

The Eleventh Amendment prohibits most private actions against state governments. Private parties may bring actions to enjoin an officer from future conduct that violates the Constitution or federal law. This exception includes enjoining an appropriate state official from enforcing an unconstitutional state law.