Alden v. Maine, 527 U.S. 706, 2 (1999)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Cite as: 527 U. S. 706 (1999)

Syllabus

the Court had not captured the original understanding. This Court's subsequent decisions reflect a settled doctrinal understanding that sovereign immunity derives not from the Eleventh Amendment but from the structure of the original Constitution. Since the Amendment confirmed rather than established sovereign immunity as a constitutional principal, it follows that that immunity's scope is demarcated not by the text of the Amendment alone but by fundamental postulates implicit in the constitutional design. Pp. 712-730.

2. The States' immunity from private suit in their own courts is beyond congressional power to abrogate by Article I legislation. Pp. 730-754.

(a) Congress may exercise its Article I powers to subject States to private suits in their own courts only if there is compelling evidence that States were required to surrender this power to Congress pursuant to the constitutional design. Blatchford v. Native Village of Noatak, 501 U. S. 775, 781. Pp. 730-731.

(b) Neither the Constitution's text nor the Court's recent sovereign immunity decisions establish that States were required to relinquish this portion of their sovereignty. Pp. 731-740.

(1) The Constitution, by delegating to Congress the power to establish the supreme law of the land when acting within its enumerated powers, does not foreclose a State from asserting immunity to claims arising under federal law merely because that law derives not from the State itself but from the national power. See, e. g., Hans v. Louisiana, 134 U. S. 1. Moreover, the specific Article I powers delegated to Congress do not necessarily include the incidental authority to subject States to private suits as a means of achieving objectives otherwise within the enumerated powers' scope. Those decisions that have endorsed this contention, see, e. g., Parden v. Terminal R. Co. of Ala. Docks Dept., 377 U. S. 184, 190-194, have been overruled, see, e. g., College Savings Bank v. Florida Prepaid Postsecondary Ed. Expense Bd., ante, at 680. Pp. 731-735.

(2) Isolated statements in some of this Court's cases suggest that the Eleventh Amendment is inapplicable in state courts. This is a truism as to the Amendment's literal terms. However, the Amendment's bare text is not an exhaustive description of States' constitutional immunity, and the cases do not decide the question whether States retain immunity in their own courts notwithstanding an attempted abrogation by Congress. Pp. 735-740.

(c) Whether Congress has the authority under Article I to abrogate a State's immunity in its own courts is, then, a question of first impression. History, practice, precedent, and the Constitution's structure

707

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: October 4, 2007