Amendment XI
Judicial Limits
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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.
Note: This Amendment was designed to prevent a citizen of one state from bringing suit against another state in federal court, modifying Article 3, Section 2, Clause 1. Over time, it has also been construed to prevent citizens of a state from bringing their own state to federal court. 11th Amendment law is in a resurgence in the 1990's as several Supreme Court cases make their mark.
Ratified: February 7, 1795
The 11th Amendment, which limits Supreme Court jurisdiction, was proposed on March 4, 1794.
| # | State | Date | * |
|---|---|---|---|
| 1 | New York | Mar 27, 1794 | |
| 2 | Rhode Island | Mar 31, 1794 | |
| 3 | Connecticut | May 8, 1794 | |
| 4 | New Hampshire | Jun 16, 1794 | |
| 5 | Massachusetts | Jun 26, 1794 | |
| 6 | Vermont | Nov 9, 1794 | |
| 7 | Virginia | Nov 18, 1794 | |
| 8 | Georgia | Nov 29, 1794 | |
| 9 | Kentucky | Dec 7, 1794 | |
| 10 | Maryland | Dec 26, 1794 | |
| 11 | Delaware | Jan 23, 1795 | |
| 12 | North Carolina | Feb 7, 1795 | * |
| 13 | South Carolina | Dec 4, 1797 | |
| Ratified in 340 days | |||
History: The 11th Amendment came about as a direct result of the Supreme Court decision in Chisholm v Georgia (2 U.S. 419) in 1793. Congress felt that the Supreme Court had over stepped its bounds, and feared it would do so again unless prohibited by the Constitution. The Chisholm case was decided in 1793, just five years after the adoption of the Constitution. The Amendment was approved by Congress on March 4, 1794, and ratified on February 7, 1795 (340 days). The Amendment limits the jurisdiction of the federal courts to automatically hear cases brought against a state by the citizens of another state. Later interpretations have expanded this to include citizens of the state being sued, as well.
In Hollingsworth v Virginia (3 USC 378 [1798]), the passage and ratification of the 11th was challenged for two reasons. First because the President did not sign the amendment bill, and second because the amendment presented a situation where people had some legal relief before ratification that dried up after, creating an ex post facto situation. The Supreme Court rejected both challenges, setting some important precedent for future amendments.
© Marc Doyle, 2007