The U.S. Constitution is one of the most important documents to ever exist in human history, establishing a set of rights for a nation and its peoples that had never been done before.
The first ten amendments being the most important each play a pivotal role in protecting America’s citizens from overreaching authorities.
Then somebody had the bright idea of drafting an eleventh..
While the Bill of Rights was carefully crafted by one man, James Madison to constrict powers of federal government and protect citizens from the same atrocities committed by the British parliamentary, the eleventh amendment was the first to be ratified in relation to current events at the time.
Drafted just four years after the Bill of Rights, the amendment reads,
“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.”
This means that no person in the United States or another country can sue a U.S. state if they are not a resident of that state.
Let’s take a step back all the way to 1793 during the Supreme Court case of Chisolm v. Georgia.
A man named Alexander Chisolm from South Carolina sued the state of Georgia in an attempt to collect money for supplies his company provided during the Revolutionary War. Georgia refused to appear in court, claiming that it could not be sued without consent.
When the case eventually made it to the Supreme Court, the court sided with Chisolm and agreed that you could in fact sue a state in federal court, even if you were a citizen of another state. It was a huge W for the average American.
However, this decision absolutely terrified state governments who feared endless waves of suits from citizens, creditors, and other entities.
Just two years later, thanks to Congress, the 11th amendment was passed to reverse the Supreme Court’s decision. States were now officially given sovereignty.
Why the 11th Amendment Is Unlawful
As clearly stated by the amendment, a state can not be sued by a citizen of another state or country but as time passed, the Supreme Court ruled on a lot of other cases involving this amendment until the current interpretation of the amendment which is that states are generally immune to lawsuits from anyone in federal court period. Even their own citizens.
How the hell did this happen? Two hundred years of ruling and corruption to put it simply.
In 1890, the case of Hans vs Louisiana ignited the fire that shot a cannonball straight through our rights. The court determined for the first time that even a citizen of their own state can not sue that state in federal court even though the 11th amendment does not in any way, shape or form say this.
What was their reasoning you ask?
“State sovereign immunity is a fundamental principle, not limited by the literal text of the 11th amendment
The spirit of the 11th amendment bars any unconsented lawsuit against a state in federal court – even by its own citizens”
In other words, a complete load of bullshit.
The courts claimed that allowing lawsuits against a state would undermine the entire purpose of the 11th amendment in the first place which was to protect states from suits without their own consent.
This asshole, Justice Joseph P. Bradley wrote,
“It is not to be supposed, that the constitution meant to allow a state upon a contract… while it forbade a suit by a citizen of another state”
It just gets worse from there with more changes being made in a plethora of other cases such as Fitzpatrick v. Bitzer in 1976, Seminole Tribe of Florida v. Florida in 1996, Alden v. Maine in 1999, and the Board of Trustees of the University of Alabama v. Garrett in 2001.
What This Means Today
Let’s say you live in the good ‘ole Lonestar State Texas and you feel that the state has somehow done you wrong. Can you sue them? Absolutely not, unless the state agrees to wave its sovereign immunity and guess what? It ain’t happening.
Very and I mean very few times in history has a state agreed to give up its immunity and there are 99% odds that they aren’t going to do it for you.
Now, there are a couple exceptions to the amendment.
Congress could pass a law that allows you to sue your state given that they do have certain constitutional powers, but again, good luck with that. The only time in the past hundred years or so that they did this was in regards to civil rights with Title VII of the Civil Rights Act of 1964.
This allowed citizens to file lawsuits against state and local governments for employment discrimination.
And that’s pretty much the only way Congress can circumvent the amendment.
There’s also a legal loophole to get around all of this. You can technically sue a state official in their personal capacity under the Ex parte Young doctrine.
This means that even though a state is definitely responsible for whatever injustice they committed against you, the only way you can seek justice is by suing some random ass person working for the government that was just doing what they were told to do by the state.
No laws will be changed, no actual justice served, just some government employee and you being buried in legal fees.
Conclusion
This is why the 11th amendment is one of the worst, if not THE worst amendment ever ratified.
It creates legal double standards, limits citizens from seeking justice, and objectively breaks the rule of law.
In the 1999 Alden v. Maine case, state probation officers attempted to sue the state for lack of overtime pay which is clearly outlined in the FLSA (Fair Labor Standards Act).
When the case eventually reached the Supreme Court, the court backed the notion that all states have sovereign immunity and could not be sued, even by state workers who live there.
These officers worked overtime, didn’t get paid for it, and couldn’t even sue their employer (the government) for labor rights violations which were drafted and are enforced by.. the government.
The officers here had two options.
- Keep working with no overtime pay
- Quit their jobs
Let’s not get things twisted though. If a private business in Maine attempted this, the employees would unquestionably win.
Now let’s take peak at section 2 of Maine’s constitution.
It states,
“All power is inherent in the people; all free governments are founded in their authority and instituted for their benefit; they have therefore an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same, when their safety and happiness require it.”
Guess the state of Maine should have included “But if you want to get paid for overtime, you can’t sue us so go fuck yourself”.
Under the Rule of Law, which is a real thing and principle of the Constitution, everyone, including the government is subject to and accountable under the law.
So why does this amendment exist?
Well, there were a couple acceptable reasons back in the day.
States used this to defend state rights against the federal government in the event it became tyrannical against its own people.. which didn’t happen technically although it has gotten close. Of course, the 10th amendment provides protection for the states.
The main reason for the amendment is to protect states from being buried alive by lawsuits. We all know the government moves as slow as molasses, so adding in a truckload of legal suits would definitely make things worse.
But at least then, state governments would have an excuse for hiring so many employees to sit around all day getting paid by our tax dollars, receiving the best benefits possible to do fuck all.
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