STATE SOVEREIGNTY AND THE ELEVENTH AMENDMENT IN THE U.S. SUPREMEM COURT: THE 1988 TERM

In: Publius: the journal of federalism, Band 22, Heft 1, S. 39-54

Abstract

DURING ITS 1988 TERM, THE U.S. SUPREME COURT ADDRESSED TWO IMPORTANT ASPECTS OF THE ELEVENTH AMENDMENT, WHICH GENERALLY PROTECTS STATES FROM BEING SUED IN FEDERAL COURTS. FIRST THE COURT HELD THAT THE CONGRESS HAS POWER TO ABROGATE STATES' IMMUNITY FROM SUIT. SECOND, THE COURT MADE CLEAR THAT ABORGATION WOULD BE FOUND ONLY WHERE THE TEXT OF THE STATUTE ITSELF CLEARLY AND SPECIFICALLY SO PROVIDED. THIS ARTICLE DESCRIBES THESE DECISIONS, AND ANALYZES SOME OF THEIR IMPLICATIONS FOR JUDICIAL FEDERALISM.