Which amendment restricts the ability to sue a state in federal court without the state's consent?

Which amendment restricts the ability to sue a state in federal court without the state's consent?

• A. Eleventh Amendment
• B. Tenth Amendment
• C. Ninth Amendment
• D. Twelfth Amendment

Answer: (A)

State sovereign immunity is the idea at work here. The Eleventh Amendment protects states from being sued in federal courts by citizens of other states or by foreign citizens, unless the state agrees to be sued or Congress provides a lawful waiver. So, generally, you can’t bring a lawsuit against a state in federal court without the state’s consent. There are a couple of important nuances. Sometimes a case targets state officials rather than the state itself, asking for prospective relief to stop ongoing federal-law violations; in those situations the suit can proceed under the Ex parte Young principle, even though the state as a party isn’t being sued. The other amendments mentioned deal with different topics: the Tenth Amendment reserves powers to the states, the Ninth covers unenumerated rights, and the Twelfth deals with presidential electors and election procedures.

State sovereign immunity is the idea at work here. The Eleventh Amendment protects states from being sued in federal courts by citizens of other states or by foreign citizens, unless the state agrees to be sued or Congress provides a lawful waiver. So, generally, you can’t bring a lawsuit against a state in federal court without the state’s consent.

There are a couple of important nuances. Sometimes a case targets state officials rather than the state itself, asking for prospective relief to stop ongoing federal-law violations; in those situations the suit can proceed under the Ex parte Young principle, even though the state as a party isn’t being sued.

The other amendments mentioned deal with different topics: the Tenth Amendment reserves powers to the states, the Ninth covers unenumerated rights, and the Twelfth deals with presidential electors and election procedures.