Eleventh Amendment

[Restriction of Judicial Power]

-Proposed by Congress on March 4, 1794; Declared ratified on January 8, 1798

"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."

The Eleventh Amendment limits the power of the federal courts to hear cases against state governments by the citizens of another state or country. This has also been interpreted by the Supreme Court to bar federal courts from hearing lawsuits by citizens of the sate who are being sued and lawsuits initiated by the governments of different countries. An example of this could be a state using this amendment to protect itself from being sued in a federal court by it's residents or residents of different states or countries. Furthermore, by limiting the power of national courts to hear lawsuits against state governments, this amendment ensures that there is a balance between the sovereignty shared by both state and national governments.

In this video, Alex Jones examines the factors leading towards the Obama Administration's intention to sue Arizona over its controversial immigration laws. This is an unconstitutional act according to the 11th Amendment--which bars the suing of states under certain circumstances. (Links to the articles shown in this video are listed below):

1. Obama Administration to sue Arizona over migrant laws
   http://www.guardian.co.uk/world/2010/jul/07/obama-administration-to-sue-arizona-migrant-laws
   
2. Banks Financing Mexico Gangs Admitted in Wells Fargo Deal
   http://www.bloomberg.com/news/2010-06-29/banks-financing-mexico-s-drug-cartels-admitted-in-wells-fargo-s-u-s-deal.html
   
3.  Kyl: Obama Won't Secure Border Until Lawmakers Move on Immigration Package
   http://www.foxnews.com/politics/2010/06/21/kyl-obama-wont-secure-border-lawmakers-immigration-package/
   
4.  11th Amendment to the U.S. Constitution - Feds, Citizens cannot sue state on behalf of other powers
   http://classes.lls.edu/archive/manheimk/fedcts/echarts/11th-t.htm
   
5.  Mexican Drug Cartel Sends Death Threats to Arizona County Sheriff
   http://www.infowars.com/mexican-drug-cartel-sends-death-threats-to-arizona-county-sheriff/
   
6.  New York National Guard Units Scan Vehicles for Gun Confiscations
   http://www.infowars.com/new-york-national-guard-units-scan-vehicles-for-gun-confiscations/
   

An example of a 21st Century court case in violation of the Eleventh Amendment is Board of Trustees of University of Alabama v. Garrett, 531 U.S. 356 (2001), where state employees sued the state of Alabama for failing to comply with Title I of the Americans with Disability Act (ADA). Alabama asserted immunity under this amendment--arguing that the Eleventh Amendment protects non-consenting states from being sued by private individuals in federal court.

In this case, the Supreme Court determined that Congress had not acted within its constitutional authority in applying Title I to the states, the Supreme Court held that an individual could not sue a state for money damages under Title I.