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The Eleventh Amendment (Amendment XI) is an amendment to the United States Constitution which was passed by Congress on March 4, 1794, and ratified by the states on February 7, 1795. The Eleventh Amendment restricts the ability of individuals to bring suit against states of which they are not citizens in federal court .
The only amendment to be ratified through this method thus far is the Twenty-first Amendment in 1933. That amendment is also the only one that explicitly repeals an earlier one, the Eighteenth Amendment (ratified in 1919), establishing the prohibition of alcohol.
The Senate has voted only on cloture motions with regard to the proposed amendment, the last of which was on June 7, 2006, when the motion failed 49 to 48, falling short of the 60 votes required to allow the Senate to proceed to consideration of the proposal and the 67 votes required to send the proposed amendment to the states for ratification.
Opinion The 11th Amendment does not affect the daily lives of most citizens. Its effect is primarily focused on state or national jurisdiction.
Luning, [20] the court held that the Eleventh Amendment does not bar an individual's suit in federal court against a county for nonpayment of a debt. By contrast, a suit against a statewide agency is considered a suit against the state under the Eleventh Amendment. [ 21 ]
In 1795, the Eleventh Amendment was ratified to negate the holding in Chisholm v. Georgia. Under the 11th Amendment, citizens of one state or of foreign countries can only sue a state with the state's consent or if Congress, pursuant to a valid exercise of Fourteenth Amendment remedial powers, abrogates the states' immunity from suit.
Jordan, 415 U.S. 651 (1974), however, had recognized that "the Eleventh Amendment implicates the fundamental constitutional balance between the Federal Government and the States," Atascadero, at 238, the Court had applied a clear statement rule to waiver. The Court will only deem the state to have waived its immunity when the waiver is couched ...
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