State Sovereign Immunity: A Reference Guide to the United States Constitution
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Contents
| 3 | |
| 27 | |
| 45 | |
| 47 | |
| 69 | |
The Exception for Local Political Subdivisions | 89 |
Waiver of Eleventh Amendment Sovereign Immunity | 95 |
Congressional Abrogation of State Sovereign Immunity | 105 |
A Retrospective and Critique | 147 |
Bibliographic Essay | 167 |
Table of Cases | 171 |
Index | 175 |
Common terms and phrases
abrogate action Alden appear argued argument Article asserted authority Bank Chief Justice Chisholm citizens claim Clause clear concern conclude Congress congressional Constitution Convention County created debate decided decision defendant determine discussed dissent distinction diversity doctrine Eleventh Amendment enacted enforce established Ex parte Young exception exercise extend fact federal courts federal government federal law Florida foreign Fourteenth Amendment Georgia grant Hans held holding individual intent interest interpretation issue Jacobs judicial judiciary jurisdiction Justice land language later Law Rev legislative limited Louisiana majority Marshall matter means ment noted officers opinion original party permitted plaintiff political subdivisions prevent principles Professor prohibit protected question ratification reasoning regarding regulation rejected relief remedy respect result rule Second Seminole Tribe sovereign immunity sovereignty state's statute sued suit supremacy Supreme Court theory tion Union United violation Virginia waiver York
Popular passages
Page 28 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction.
Page 24 - It is inherent in the nature of sovereignty not to be amenable to the suit of an individual without its consent. This is the general sense and the general practice of mankind; and the exemption, as one of the attributes of sovereignty, is now enjoyed by the government of every State in the Union. Unless, therefore, there is a surrender of this immunity in the plan of the convention, it will remain with the States, and the danger intimated must be merely ideal.
Page 105 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
Page 23 - ... in order to the inviolable maintenance of that equality of privileges and immunities, to which the citizens of the union will be entitled, the national judiciary ought to preside in all cases, in which one state or its citizens are opposed to another state or its citizens. To secure the full effect of so fundamental a provision against all evasion and subterfuge, it is necessary that its construction should be committed to that tribunal, which, having no local attachments, will be likely to be...
Page 17 - It is not in the power of individuals to call any state into court. The only operation it can have, is that, if a state should wish to bring a suit against a citizen, it must be brought before the federal court.
Page 22 - ... state governments, which have failed in performing so many promises made during the war, is doubtful: How far it may be proper so to humble a state, as to oblige it to answer to an individual in a court of law, is worthy of consideration; the states are now subject to no such actions; and this new jurisdiction will subject the states, and many defendants to actions, and processes, which were not in the contemplation of the parties, when the contract was made...
Page 8 - ... to hold their offices during good behavior ; to receive punctually, at stated times, a fixed compensation for their services, in which no diminution shall be made so as to affect the persons actually in office at the time of such diminution.
Page 24 - A recurrence to the principles there established will satisfy us, that there is no color to pretend that the state governments would, by the adoption of that plan, be divested of the privilege of paying their own debts in their own way, free from every constraint but that which flows from the obligations of good faith.
Page 19 - I hope that no gentleman will think that a state will be called at the bar of the federal court.
Page 140 - It shall be an unlawful employment practice for an employer— (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin...
Bibliographic information
| Title | State Sovereign Immunity: A Reference Guide to the United States Constitution Issue 3 of Reference guides to the United States Constitution, ISSN 1539-8986 |
| Author | Melvyn R. Durchslag |
| Edition | illustrated |
| Publisher | Greenwood Publishing Group, 2002 |
| ISBN | 0313313482, 9780313313486 |
| Length | 176 pages |
| Subjects | › Law / Constitutional |
| Export Citation | BiBTeX EndNote RefMan |