Amendment XI

Debates in Congress

• quoted bySuggested
  House, January 15, 1794, ¶ 1

  …Senate informed the House that the Senate have passed a resolution proposing tothe several States the following article of amendment to the Constitution of the United States, to wit: “ 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 ;” to which resolution they desire the concurrence of this House, in the mode prescribed by the Constitution of the United States.

  The paragraph gives the words of the article of amendment in the resolution sent from the Senate, as read in the message, and the words quoted (43 words) appear in the Eleventh Amendment.

• quoted bySuggested
  House, March 4, 1794, ¶ 7

  “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 paragraph gives the words of the article of amendment in the Senate's resolution as read the third time, and the words quoted (43 words) appear in the Eleventh Amendment.

• cited bySuggested
  House, October 28, 1803, ¶ 43

  …their origin in State jealousy, and the remaining one was intended only to settle the construction of an article in the Constitution , which had before been considered of doabtfulimport; he alluded to the BmeDdroeni tespectiog the suability of States.

  Among "the eleven articles subjoined to the Constitution as amendments," the speaker names "the amendment respecting the suability of States" (garbled by OCR); only the Eleventh Amendment fits.

• cited bySuggested
  House, June 14, 1864 (2), ¶ 6

  The eleventh, as to the judicial powers, is also restrictive.

  Among the twelve amendments, the paragraph names "the eleventh, as to the judicial powers".

• cited bySuggested
  House, June 15, 1864, ¶ 276

  …times only has the hand of change touched it: once when, in obedience to the requirements of the conventions which ratified it, the First Congress proposed amendments to the States; again in 1794, when the Third Congress proposed an amendment to limit the power of the Federal judiciary; and again after the struggle for the Presidency in 1801, when it became necessary to change the mode of electing the Presidentand Vice President.

  The paragraph names the amendment the Third Congress proposed in 1794 "to limit the power of the Federal judiciary", which is the Eleventh Amendment.

• quoted bySuggested
  House, July 12, 1909, ¶ 403

  …either to appear in the court or to respect the judgment of the Supreme Court in the case; and that other States might not be subjected to the same indignity, the eleventh amendment was adopted, which provided that the judicial power should not be construed to extend to a suit prosecuted against one of the United States by citizens of another State or citizens subject to a foreign state.

  The speaker names the eleventh amendment and gives its words, "should not be construed to extend to" a suit "prosecuted against one of the United States by citizens of another State".

• cited bySuggested
  House, June 21, 1911, ¶ 307

  The eleventh amendment was proposed in 1794, al.most immediately after the organization of the Government, and was made amendment.

  The speaker names "The eleventh amendment" and says it recalled the provision extending the judicial power to suits against a State by citizens of another State or a foreign State.

• cited bySuggested
  House, December 17, 1917, ¶ 729

  The eleventh and twelfth amendments limit too power of th e Fed ­ eral courts in actions against States and correct the defects in an impo sible plan of choosing Presidents and Vice Pr id…

  The speaker names "The eleventh and twelfth amendments"; this link is to the eleventh, which he says limits the power of the federal courts in actions against States.

• quoted bySuggested
  Senate, January 13, 1794, ¶ 3

  “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 paragraph gives the words of the article of amendment in the motion taken into consideration, and the words quoted (43 words) appear in the Eleventh Amendment.

• quoted bySuggested
  Senate, January 14, 1794, ¶ 3

  “The Judicial power of the United States, except in cases arising under treaties made under the authority 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 paragraph gives the words of a motion (by Mr. Gallatin) to amend the proposed article, and the words quoted (40 words) appear in the Eleventh Amendment.

• quoted bySuggested
  Senate, January 14, 1794, ¶ 6

  …Judicial power of the United States extends to all cases in law and equity in which one of the United States is a party ; but no suit shall be prosecuted against one of the United States by citizens of another State, or by citizens or subjects of a foreign State, where the annette cause of action shall have arisen before the ratification of this amendment.”

  The paragraph gives the words of a further motion to amend the proposed article, and the words quoted (18 words) appear in the Eleventh Amendment.

• quoted bySuggested
  Senate, January 14, 1794, ¶ 9

  “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 paragraph gives the words of the article in the resolution on which the Senate voted, and the words quoted (43 words) appear in the Eleventh Amendment.

• quoted bySuggested
  Senate, January 2, 1794, ¶ 3

  “ 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 paragraph gives the words of the article of amendment in the motion made that day, and the words quoted (43 words) appear in the Eleventh Amendment.

• cited bySuggested
  Senate, July 5, 1909 (2), ¶ 237

  …the decree of the Supreme favors Court of the United States; and to prevent the collision, if not then, at some future time, between state and federal author­ he ities, the eleventh amendment, which forbids the federal courts no to entertain jurisdiction over a State, was adopted.

  The speaker names "the eleventh amendment" and describes it as forbidding the federal courts to entertain jurisdiction over a State (OCR inserts a stray "no").

• cited bySuggested
  Senate, June 13, 1911, ¶ 118

  Virgima, m the Third Dallas, page 378, a case arising on the question whether or not the eleventh amendment of the Constitution had been properly passed by the Congress and properly adopted by the States of the Union.

  The speaker names "the eleventh amendment of the Constitution", which "has reference to the judiciary article, prohibiting the suing of any State".

• quoted bySuggested
  Senate, June 13, 1911, ¶ 225

  B y the amendment it was provided that 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 an o ther State, or by citizens or subjects of any foreign State."

  The opinion the speaker reads names "the eleventh amendment" and quotes it.

The Supreme Court

Cases whose essays in the Constitution Annotated cite them under this clause, oldest first. Each link names the pages it comes from.

• interpreted bySuggested
  Cohens v. Virginia (1821)19 U.S. 264, decided March 18, 1821

  The Constitution Annotated's essays on this provision cite the case on 3 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt11.2, Amdt11.3, Amdt11.4, Amdt11.5, Amdt11.5.1, pp. 1994, 1995, 1998.

• interpreted bySuggestedOverruled
  Osborn v. Bank of the United States (1824)22 U.S. 738, decided March 19, 1824

  The Constitution Annotated's essays on this provision cite the case on 3 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt11.3, Amdt11.4, Amdt11.6.3, pp. 1995, 1996, 2010.

• interpreted bySuggested
  In re Ayers (1887)123 U.S. 443, decided December 5, 1887

  The Constitution Annotated's essays on this provision cite the case on 4 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt11.3, Amdt11.4, Amdt11.5, Amdt11.5.1, Amdt11.6.3, pp. 1996, 1997, 1998, 2011.

• interpreted bySuggested
  Edelman v. Jordan (1974)415 U.S. 651, decided March 25, 1974

  The Constitution Annotated's essays on this provision cite the case on 8 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt11.5.1, Amdt11.5.2, Amdt11.5.3, Amdt11.6, Amdt11.6.1, Amdt11.6.2, Amdt11.6.3, pp. 2000, 2004, 2005, 2006, 2008, 2012, 2013, 2014.