Amendment 11 of 27 · 1795
Eleventh Amendment
Suing a state
The one-line version
A state generally cannot be sued in federal court without its consent. This rule is called sovereign immunity.
The Eleventh Amendment in plain English
Federal courts cannot hear lawsuits brought against a state by citizens of another state, or by citizens or subjects of a foreign country. This protects states from being sued in federal court by people from outside the state.
Original text, 1795
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.
Phrase by phrase
The Judicial power of the United States shall not be construed to extend to any suit in law or equity
- Federal courts cannot hear certain lawsuits, whether they ask for money or for a court order.
commenced or prosecuted against one of the United States by Citizens of another State
- This covers lawsuits against a state by people from a different state.
or by Citizens or Subjects of any Foreign State.
- It also covers lawsuits against a state by people from other countries.
Picture it
Example. Not legal advice.
Say a state agency damages your car and you want money for the repair. This amendment may block a lawsuit for money against the state in federal court. But many states have their own claims process for cases like this. A lawyer can tell you which options apply to you.
Myth check
MythYou can never sue a state government.
FactStates can agree to be sued, and many have claims offices or special courts for this. You can also ask a federal court to order a state official to stop breaking federal law.
MythThis amendment protects cities and counties too.
FactIt protects states and state agencies. It does not protect cities, counties, or school districts in the same way.
Common questions
What does the Eleventh Amendment say in simple terms?
It means federal courts cannot hear certain lawsuits against a state brought by people from another state or another country. The Supreme Court reads it, along with the idea of sovereign immunity, to block most lawsuits against a state without its consent.
Can I sue a state government?
Sometimes. A state generally cannot be sued in federal court without its consent, but many states agree to some lawsuits through claims offices or special courts. In Ex parte Young (1908), the Supreme Court also allowed suits against state officials to stop them from breaking federal law.
Can I sue my own state in federal court?
Generally, no. In Hans v. Louisiana (1890), the Supreme Court held that a state cannot be sued in federal court by its own citizens without its consent. This is true even though the text mentions only citizens of other states and countries.
Does the Eleventh Amendment protect cities and counties?
No. It protects states and state agencies. Cities, counties, and school districts do not get the same immunity. In Mt. Healthy City School District v. Doyle (1977), the Supreme Court held that a local school board was not protected by the Eleventh Amendment.
Go deeper
The scene · 1795
In 1793, a man from South Carolina sued the state of Georgia in the Supreme Court. He wanted payment for supplies sold to Georgia during the Revolutionary War. The Court said the lawsuit could go forward. States feared they could be forced to pay old war debts, so Congress proposed the Eleventh Amendment the next year to overrule the decision.
Back then
During the Revolution, states borrowed money and bought supplies they later could not pay for. Many people who supported the Constitution had promised that states could not be sued in federal court this way. The 1793 ruling broke that promise. States reacted fast, and the amendment passed Congress within about a year.
Words that changed
- “suit in law or equity”
ThenTwo kinds of lawsuits. Law cases asked for money. Equity cases asked a judge to order someone to do or stop something.
NowToday both kinds are just called lawsuits.
Key cases
- 1793
Chisholm v. Georgia
A citizen of one state could sue another state in federal court; the Eleventh Amendment overruled this.
- 1890
Hans v. Louisiana
A state also cannot be sued in federal court by its own citizens without its consent.
- 1908
Ex parte Young
A person can sue a state official in federal court to stop the official from breaking federal law.
- 1996
Seminole Tribe of Florida v. Florida
Congress generally cannot use its ordinary lawmaking powers to let people sue states.
More history and context
The Eleventh Amendment was ratified on February 7, 1795. It was a direct response to Chisholm v. Georgia (1793), which let a citizen of one state sue another state in federal court. States objected, and the amendment overruled the decision.
The amendment is the basis of sovereign immunity, meaning the rule that states generally cannot be sued without their consent. Courts have read it more broadly than its text. In Hans v. Louisiana (1890), the Court applied it to lawsuits by a state's own citizens, even though the text mentions only citizens of other states and countries.
There are important exceptions. A state can agree to be sued. People can ask a federal court to order a state official to stop breaking federal law. Congress can also allow some lawsuits against states when it enforces the Fourteenth Amendment.
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