The Constitution of the United States is the document that serves as the fundamental law of the country. An amendment is a change to something. An amendment to the Constitution is any text added to the original document since itsratificationin 1788. The Constitution has been amended 27 times ...
The third theory of interpretation relies on the text of the Eleventh Amendment itself. Again, the language of the Eleventh Amendment suggests that federal courts may hear only two types of lawsuits against state governments: those brought by citizens of another state and those brought by citizens...
Andrew CoanFordham University School of Law
The Eleventh Amendment might be the most misunderstood amendment to the Constitution. Both its friends and enemies have treated the Amendment's written text, andoi:10.2139/ssrn.3466298Baude, WilliamSachs, Stephen E.Social Science Electronic Publishing...
Eleventh AmendmentSovereign ImmunityFederalismTextualismTextualistJurisdictionFederal CourtsConstitutional TheoryConstitutional InterpretationBy Andrew B. Coan, Published on 01/01/06Andrew B. CoanSocial Science Electronic Publishing
Forgetting the Lyrics and Changing the Tune: The Eleventh Amendment and Textual InfidelityA great deal has been said about textual fidelity in constitutional jurisprudence recently. 1 It is certainly possible to found one's constitutional jurisprudence on something other than the written text of the ...
The Court. however, has developed an exception to this broad jurisdictional bar: an "unmistakably clear" statement in the text of a federal statute of Congress' intent to abrogate the states' Eleventh Amendment immunity will do so with regard to claims brought under that statute. This Comment ...
The case law interpreting the eleventh amendment has created a nightmare. Where else but here can it be said that the actual text of the Constitution is the least relevant source of information from which to judge its meaning.'On its face, the eleventh amendment simplyEasley, Allen K...
Louisiana has been subject to particular criticism for extending the doctrine of sovereign immunity beyondthe text of the amendment and the particular subject matter before the Court in Chisholm. This article contends that the modern emphasis on Chisholm v. Georgia as the generative source of the ...
at 2281 (describing the "trail unmistakably leading to the conclusion that Congress may permitsuits amendment was ratified in response to the Su- preme Court decision of Chisholm v. Georgia Pennsylvania because "the text of the EHA and its legislative history leave no doubtRobert T. Smith...