Constitutional Law And Eleventh Amendment
Any change or addition made to the Constitution is termed an amendment or constitutional law. There are 27 amendments with the final one being added in 1992. In order to propose an amendment, the Congress needs 2/3 votes from both the houses. An amendment can be ratified by approval from 3/4 of the state legislatures and 3/4 of ratifying conventions in states. |
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The 11th Amendment had to be added as Congress believed that the Supreme Court overstepped it bounds in the Chisholm v Georgia case of 1793.
This was a case of an individual filing a law suit against another state. The Supreme Court ruled that the states can be tried in a federal court against charges brought about by an individual. It also stated that the states did not have sovereign immunity from law suits brought about by citizens of other states.
The idea of a state being tried in a federal court was disconcerting to the other states.So, the Congress put forth the amendment on March 4, 1794 to prevent the Supreme Court from ever doing so again. It was ratified by 12 states, and has been in effect since February 7, 1795.
The Amendment gives autonomous immunity to the states in America from being sued in federal court by an individual belonging to a foreign state or country.
Although the Amendment does not include the clause of an individual suing his own state, another case in 1890 had the Supreme Court giving immunity against private suits to the state by the Constitution itself.
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