Alden v. Maine, 527 U.S. 706, 22 (1999)

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

Opinion of the Court

immunity to the founding generation. Simply put, "The Constitution never would have been ratified if the States and their courts were to be stripped of their sovereign authority except as expressly provided by the Constitution itself." Atascadero State Hospital v. Scanlon, 473 U. S. 234, 239, n. 2 (1985); accord, Edelman v. Jordan, 415 U. S. 651, 660 (1974).

C

The Court has been consistent in interpreting the adoption of the Eleventh Amendment as conclusive evidence "that the decision in Chisholm was contrary to the well-understood meaning of the Constitution," Seminole Tribe, 517 U. S., at 69, and that the views expressed by Hamilton, Madison, and Marshall during the ratification debates, and by Justice Ire-dell in his dissenting opinion in Chisholm, reflect the original understanding of the Constitution. See, e. g., Hans, 134 U. S., at 12, 14-15, 18-19; Principality of Monaco, 292 U. S., at 325; Edelman, supra, at 660, n. 9; Seminole Tribe, supra, at 70, and nn. 12-13. In accordance with this understanding, we have recognized a "presumption that no anomalous and unheard-of proceedings or suits were intended to be raised up by the Constitution—anomalous and unheard of when the constitution was adopted." Hans, 134 U. S., at 18; accord, id., at 15. As a consequence, we have looked to "history and experience, and the established order of things," id., at 14, rather than "[a]dhering to the mere letter" of the Eleventh Amendment, id., at 13, in determining the scope of the States' constitutional immunity from suit.

Following this approach, the Court has upheld States' assertions of sovereign immunity in various contexts falling outside the literal text of the Eleventh Amendment. In Hans, the Court held that sovereign immunity barred a citizen from suing his own State under the federal-question head of jurisdiction. The Court was unmoved by the petitioner's argument that the Eleventh Amendment, by its

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