11th Amendment

Question 1

11th Amendment Rule

Answer 1

The 11th amendment prohibits non-consenting States from being sued by private citizens. Hans. However, Congress can narrow the states’ 11th amendment immunity through abrogation. Kimel. To do so, Congress must (1) make its intention to abrogate states’ sovereign immunity unmistakably clear in the language of the statute, and (2) the law abrogating states’ sovereign immunity cannot be enacted under Congress Art. I powers, instead it must be enacted under §5 of the 14th amendment as necessary to protect fundamental rights. In Congress intends to abrogate a state’s sovereign immunity pursuant to §5 of the 14th amendment, the abrogation must be both (a) congruent and (b) proportional to the actual violation of a fundamental right recognized by the 14th amendment. This means that Congress must (i) identify a pattern of state violations of a judicially recognized constitutional right, (ii) create a statute that is plainly designed to ameliorate the violation of those constitutional rights, and (iii) devise a remedy that is tailored to the demonstrated pattern of state-induced constitutional violation. Garrett.

Question 2

Hans

Answer 2

The plaintiff purchased bonds from Louisiana containing coupons that could be exchanged for interest payments. The Louisiana legislature
amended its
constitution to prevent the State from making interest payments on the bonds plaintiff
purchased and the
plaintiff sued.

R:
States may not be sued in federal court without their consent

Question 3

Garett

Answer 3

F:
The American
Disabilities Act
prohibits employers
from discriminating
against their employees because of a disability. It also requires
employers to provide accommodations for
disabled employees. The plaintiffs were state
employees and sued
under the ADA because they were refused
accommodations.

R: In order for Congress to pass legislation to
abrogate State immunity pursuant to its powers under §5 of the 14th
Am., it must (1)
demonstrate a pattern of State constitutional
discrimination and (2) the remedy must be
congruent or
proportional to the
targeted violation.