11th Amendment of little importance until Rehnquist era

Mar. 1, 2006


Passed by Congress: March 4, 1794

Ratified: Feb. 7, 1795

Changed: Article III, Section 2, of the Constitution was modified by the 11th Amendment

Amendment XI



The 11th Amendment protects states from being sued in federal court by citizens of another state, or of that same state.

But it's not that simple.

The amendment was added in 1795, in response to a Supreme Court decision that infuriated Congress.

In 1777, Georgia approved the purchase of wartime supplies from a South Carolina man. After delivery, the state refused to pay him. The man died and the executor of his estate, Alexander Chisholm, sued.

In 1793, the Supreme Court ruled against Georgia. Georgia was so incensed over the ruling that it passed a law punishing "by hanging without benefit of clergy" anyone who tried to pay the debt.

As a result of the Chisholm ruling, the 11th Amendment was passed "with blinding speed," according to Steve Mount, Webmaster and researcher for usconstitution.net.

No wonder. Because most states might also find themselves in the same position, feelings were strong on the issue, according to G. Alan Tarr, a Rutgers-Camden law professor, who answered questions by e-mail.

People found ways to get around the amendment.

"For most of the 20th century, the amendment had little impact, as courts allowed citizens to sue officials, such as governors in other states, even if they could not sue the state directly," Tarr said.

Today, Tarr said, the 11th Amendment has gained greater importance as a result of rulings by the Supreme Court under Chief Justice William H. Rehnquist.

"The court has expanded the restrictions of the amendment beyond its express language to block suits beyond those specified in the amendment," Tarr said.

There are exceptions.

The four Collingswood children found starving in their adoptive home were able to sue New Jersey for monetary damages, thanks to a federal court ruling.

The 2005 ruling mentions two exceptions to the 11th Amendment, allowing suits when a state consents to being sued or when Congress cancels immunity through legislation.

The state paid the children $12.5 million in damages. Reach Kim Mulford at (856) 251-3342 or kmulford@courierpostonline.com

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