Constitutional Law: Federal Judicial Power: Judicial Review: 11th Amendment

    • 11th Amendment: (Sovereign immunity) A state CANNOT be sued in Federal Court by its own citizens, by citizens of another state or by citizens of a foreign country without consent.
      • DOES NOT bar suits against municipalities, cities, counties, local school boards or other local agencies.
      • DOES NOT bar 1 state from suing another state
      • DOES NOT bar federal government from suing a state.
      • EXCEPTION: State officials may be sued for damages or injunctive relief for a federal law violation.
      • State immunity conferred by 11th Amendment: Applies not only to Federal Question suits, but also Diversity suits as well.
      • State workers alleging age discrimination may not sue their employer in federal court because Congress lacks power to override state immunity under the 11th Amendment.