11th Amendment

US Constitution of 1787

11th Amendment

#	US Constitution Amendment	Proposal Date	Enacted Date
11th	Makes states immune to suits by out-of-state citizens & foreigners not living within the state borders; foundation for sovereign - Signers: Speaker of the House Frederick Muhlenberg (PA) & Vice President John Adams (MA)	March 4, 1794	February 7, 1795

The Eleventh Amendment (Amendment XI) to the United States Constitution, was passed by the Congress on March 4, 1794, and ratified by the states on February 7, 1795. The amendment addresses each state's sovereign immunity and was adopted in order to overrule the U.S. Supreme Court's decision in Chisholm v. Georgia, 2 U.S. 419 (1793).

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.

 In Chisholm, the Supreme Court ruled that a suit brought by a citizen of South Carolina against the state of Georgia did not violate the Constitution of 1787.  The Court also ruled that federal courts had the authority to hear cases in law and equity brought by private citizens against states and that states did not enjoy sovereign immunity from suits made by citizens of other states in federal court. Fearing that other citizens and states would follow suit, the amendment was proposed on March 4, 1794. It was ratified by 12 of the then 15 states on Feb. 7, 1795. South Carolina ratified the Amendment in 1797; New Jersey and Pennsylvania did not ratify the Amendment.

The amendment clarified Article III, Section 2 of the Constitution of 1787, which gave diversity jurisdiction to the judiciary to hear cases "between a state and citizens of another state." Although the amendment's text does not address suits brought against a state by its own citizens, the Supreme Court ruled in Hans v. Louisiana, 134 U.S. 1 (1890), that the amendment reflects a broader principle of sovereign immunity. 

Exhibited above is a printing of the 11^th Amendment as published in the  Acts Passed at the First Session of the Third Congress of the United States of America, Begun and held at the City of Philadelphia, in the State of Pennsylvania, On Monday the Second of December, in the Year MDCCXCIII, and of the Independence of the United States the Eighteenth, published in Philadelphia PA by Richard Folwell, 1796, in full calf leather.

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