546
Opinion of the Court
that the words of a statute must be read in their context and with a view to their place in the overall statutory scheme"). In sum, although § 1367(d) may not clearly exclude tolling for claims against nonconsenting States dismissed on Eleventh Amendment grounds, we are looking for a clear statement of what the rule includes, not a clear statement of what it excludes. See Gregory, supra, at 467. Section 1367(d) fails this test. As such, we will not read § 1367(d) to apply to dismissals of claims against nonconsenting States dismissed on Eleventh Amendment grounds.
In anticipation of this result, petitioners argue that the tolling provision should be interpreted to apply to their claims because Congress enacted it to prevent due process violations caused by state claim preclusion and anti-claim-splitting laws. Brief for Petitioners 45; Reply Brief for Petitioners 5-12. In other words, petitioners contend that Congress enacted the tolling provision to enforce the Due Process Clause of the Fourteenth Amendment against perceived state violations. We have previously addressed the argument that if a statute were passed pursuant to Congress' § 5 powers under the Fourteenth Amendment, federalism concerns "might carry less weight." Gregory, 501 U. S., at 468. We concluded, however, that "the Fourteenth Amendment does not override all principles of federalism," id., at 469, and held that insofar as statutory intent was ambiguous, we would "not attribute to Congress an intent to intrude on state governmental functions regardless of whether Congress acted pursuant to . . . § 5 of the Fourteenth Amendment." Id., at 470. That same rule applies here. As already demonstrated, it is far from clear whether Congress intended tolling to apply when claims against non-consenting States were dismissed on Eleventh Amendment grounds. Thus, it is not relevant whether Congress acted pursuant to § 5.
Petitioners also argue that our construction of the statute does not resolve their case because respondent consented to
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