nevada hall argued november decided march respondents california residents brought suit california damages petitioner state nevada others injuries respondents sustained vehicle official business collided california highway vehicle occupied respondents california reversing trial held nevada amenable suit california courts nevada basis full faith credit clause federal constitution unsuccessfully invoked nevada statute limiting tort award state pursuant statutory waiver sovereign immunity following trial damages awarded respondents judgment favor affirmed appeal held state constitutionally immune suit courts another state pp doctrine sovereign may sued courts without consent support claim immunity another sovereign courts pp need constitutional protection one state sued courts another state discussed framers nothing art iii authorizing judicial power eleventh amendment limitation power provides basis explicit implicit limit judicial powers california exercised case pp full faith credit clause require state apply another state law violation legitimate public policy pacific ins industrial accident california provided statute jurisdiction courts residents nonresidents alike allow negligently injured highways secure full compensation injuries california courts required surrender jurisdiction nevada limit respondents recovery nevada statutory maximum pp specific limitations certain constitutional provisions art art iv place upon sovereignty imply one state immunity suit courts another state anything matter comity nothing constitution authorizes obligates frustrate california policy fully compensating negligently injured highways pp stevens delivered opinion brennan stewart white marshall powell joined blackmun filed dissenting opinion burger rehnquist joined post rehnquist filed dissenting opinion burger joined post michael dyer deputy attorney general nevada argued cause petitioners briefs robert frank list attorney general james thompson chief deputy attorney general everett rowe argued cause filed brief respondents justice stevens delivered opinion tort action arising automobile collision california california entered judgment state nevada nevada courts entered granted certiorari decide whether federal law prohibits california courts entering judgment indeed asserting jurisdiction another sovereign state respondents california residents suffered severe injuries automobile collision california highway may driver vehicle employee university nevada killed collision conceded driving car owned state engaged official business university instrumentality state respondents filed suit damages superior city san francisco naming administrator driver estate university state nevada defendants process served state university pursuant provisions california vehicle code authorizing service process nonresident motorists trial granted motion quash service state order reversed appeal california held matter california law state nevada amenable suit california courts remanded case trial hall university nevada cal denied certiorari remand nevada filed pretrial motion limit amount damages might recovered nevada statute places limit award tort action state pursuant statutory waiver sovereign immunity nevada argued full faith credit clause constitution required california courts enforce statute nevada motion denied case went trial jury concluded nevada driver negligent awarded damages superior entered judgment verdict appeal affirmed california denied review state nevada university successfully sought writ certiorari despite importance question whether state may claim immunity suit courts another state never addressed question expressly answered provision constitution nevada argues implicitly answered reference common understanding sovereign amenable suit without consent understanding prevalent constitution framed repeatedly reflected opinions order determine whether understanding embodied constitution nevada claims necessary consider source scope traditional doctrine sovereign immunity impact doctrine framing constitution full faith credit clause aspects constitution qualify sovereignty several doctrine sovereign immunity amalgam two quite different concepts one applicable suits sovereign courts suits courts another sovereign immunity truly independent sovereign suit courts enjoyed matter absolute right centuries sovereign consent qualify absolute character immunity doctrine developed common law origins feudal system describing origins pollock maitland noted lord sued vassal petty lord subject suit courts higher lord since king apex feudal pyramid higher sued king immunity rested primarily structure feudal system secondarily fiction king wrong must course reject fiction rejected colonists declared independence crown record case discloses actual wrong committed nevada notion immunity suit attribute sovereignty reflected cases chief justice jay described sovereignty right govern kind right necessarily encompass right determine suits may brought sovereign courts thus justice holmes explained sovereign immunity based logical practical ground legal right authority makes law right depends explanation adequately supports conclusion sovereign may sued courts without consent affords support claim immunity another sovereign courts claim necessarily implicates power authority second sovereign source must found either agreement express implied two sovereigns voluntary decision second respect dignity first matter comity point plainly stated chief justice marshall schooner exchange mcfaddon cranch held american assert jurisdiction vessel napoleon reigning emperor france claimed sovereign right case chief justice observed jurisdiction courts branch possessed nation independent sovereign power jurisdiction nation within territory necessarily exclusive absolute susceptible limitation imposed restriction upon deriving validity external source imply diminution sovereignty extent restriction investment sovereignty extent power impose restriction exceptions therefore full complete power nation within territories must traced consent nation flow legitimate source opinion schooner exchange makes clear california nevada independent completely sovereign nations nevada claim immunity suit california courts answered reference law california fair infer immunity defense nevada asserts today raised schooner exchange decided earlier constitution framed defense sustained california courts rejecting defense case however california courts told us whatever california law may past longer extends immunity nevada matter comity nevada quite rightly ask us review california courts interpretation california law rather argues california free sovereign apply law bound instead federal rule law implicit constitution requires adhere doctrine prevailed constitution adopted unless federal rule exists course power disturb judgment california courts ii unquestionably doctrine sovereign immunity matter importance early days independence many heavily indebted result revolutionary war vitally interested question whether creation new federal sovereign courts automatically subject like lower english lords suits courts higher sovereign question whether one state might subject suit courts another state apparently matter concern new constitution drafted ratified regardless whether framers correct assuming presumably prevailing notions comity provide adequate protection unlikely prospect attempt courts one state assert jurisdiction another need constitutional protection contingency discussed debate suability focused scope judicial power authorized art iii federalist hamilton took position authorization extend suits brought individual nonconsenting state contrary position also advocated actually prevailed decision chisholm georgia dall chisholm decision led prompt adoption eleventh amendment amendment places explicit limits powers federal courts entertain suits state language used cases construing limits like language used debates ratification constitution emphasized widespread acceptance view sovereign state never amenable suit without consent cases relevant debate concerned questions jurisdiction extent ratifying constitution creating federal courts authorized suits courts decisions answer question whether constitution places limit exercise one state power authorize courts assert jurisdiction another state anything art iii authorizing judicial power eleventh amendment limitation power provide basis explicit implicit impose limits powers california exercised case mandate enforcement interstate comity must find basis elsewhere constitution iii nevada claims full faith credit clause constitution requires california respect limitations nevada statutory waiver immunity suit waiver gives nevada consent suits courts moreover even waiver treated consent sued california california must honor condition attached consent limit respondents recovery maximum allowable action nevada courts full faith credit clause require state give effect official acts judgment entered one state must respected another provided first state jurisdiction parties subject matter moreover certain limited situations courts one state must apply statutory law another state thus bradford electric clapper held federal sitting new hampshire required constitution apply vermont law action vermont employee vermont employer arising contract made vermont decision pacific insurance industrial accident clearly establishes full faith credit clause require state apply another state law violation legitimate public policy question pacific insurance whether full faith credit clause precluded california applying workmen compensation act case injury suffered massachusetts employee massachusetts employer california course employment even though employer employee agreed bound massachusetts law held california precluded applying law imposing greater responsibilities employer reasoned often recognized limitations upon extent state may required full faith credit clause enforce even judgment another state contravention statutes policy case statutes extrastate effect congress prescribed may constitutional provision think conclusion unavoidable full faith credit clause require one state substitute statute applicable persons events within conflicting statute another state even though statute controlling force courts state enactment respect persons events although massachusetts interest safeguarding compensation massachusetts employees temporarily abroad course employment may adopt policy hardly thought support application full faith credit clause override constitutional authority another state legislate bodily safety economic protection employees injured within matters deemed appropriately concern state injury occurs completely within power similar conclusion appropriate case interest california afforded respect pacific insurance case providing bodily safety economic protection employees injured within case california interest closely related equally substantial one providing full protection injured highways negligence residents nonresidents app pet cert vii effectuate interest california provided statute jurisdiction courts residents nonresidents alike allow injured highways negligence others secure full compensation injuries california courts implementation policy california unequivocally waived immunity liability torts committed agents authorized full recovery even sovereign california courts found require california either surrender jurisdiction limit respondents recovery maximum nevada statute obnoxious statutorily based policies jurisdiction nonresident motorists full recovery full faith credit clause require result iv even apart full faith credit clause nevada argues constitution implicitly establishes union free treat unfriendly sovereigns must respect sovereignty one another sovereign nations free levy discriminatory taxes goods nations bar entry altogether union free deny extradition fugitive proper demand made executive another state citizens state entitled privileges immunities citizens several provisions places specific limitation sovereignty several collectively demonstrate union wholly independent sovereigns provisions imply one state immunity suit courts another state anything matter comity indeed view tenth amendment reminder powers delegated federal government prohibited reserved people existence express limitations state sovereignty may equally imply caution exercised concluding unstated limitations state power intended framers past presumed intended adopt policies broad comity toward one another presumption reflected understanding state policy rather constitutional command stated bank augusta earle pet intimate union members great political family deep vital interests bind closely together lead us absence proof contrary presume greater degree comity friendship kindness towards one another authorized presume foreign nations without doubt must occasionally happen interest policy state requires restrict rule declare legal presumption end nation sovereign governs consent governed people nevada consented system state subject limited liability tort people california voice nevada decision adopted different system decisions equally entitled respect may wise policy matter harmonious interstate relations accord immunity respect established limits liability free federal hold inference structure constitution nothing else california free case enforce policy full compensation holding constitute real intrusion sovereignty power people union judgment california appeal affirmed footnotes rev stat existed found official edition nev later amended nev nev stats pp award damages action sounding tort brought section may exceed sum benefit claimant award may include amount exemplary punitive damages interest prior judgment rev stat state nevada hereby waives immunity liability action hereby consents liability determined accordance rules law applied civil actions natural persons corporations except otherwise provided nrs inclusive subsection section claimant complies limitations nrs inclusive limitations nrs state nevada waives immunity liability action political subdivisions state liability shall determined manner except otherwise provided nrs inclusive subsection section claimant complies limitations nrs inclusive action may brought section competent jurisdiction state state nevada agency state political subdivision state action state agency state state nevada shall named defendant summons copy complaint shall served upon secretary state article iv provides full faith credit shall given state public acts records judicial proceedings every state congress may general laws prescribe manner acts records proceedings shall proved effect thereof evidence indicated respondent john hall minor time accident sustained severe head injuries resulting permanent brain damage left severely retarded unable care respondent patricia hall mother suffered severe physical emotional injuries one claims federal statute places relevant restriction california jurisdiction lends support nevada claim immunity federal rule restricts california exercise jurisdiction case restriction must part constitution see pollock maitland history english law ed compelled answer true every petty lord every petty manor happens world may say accident engdahl immunity accountability positive governmental wrongs rev see blackstone commentaries king moreover incapable wrong even thinking wrong never mean improper thing fact however effective mechanisms developed early england redress injuries resulting wrongs king see jaffe suits governments officers sovereign immunity harv rev declaration independence proclaims hat whenever form government becomes destructive ends right people alter abolish institute new government necessity constrains alter former systems government history present king great britain history repeated injuries usurpations direct object establishment absolute tyranny see generally bailyn ideological origins american revolution see chisholm georgia dall see kawananakoa polyblank opinion describes exemption person sovereign arrest detention foreign territory immunity allowed foreign ministers passage troops country permission cranch independent sovereign nevada might choose withdraw money california banks readjust rules california amenability suit nevada courts might refuse allow judgment enforced courts absent california consent absent whatever protection conferred constitution invoke higher authority enforce rules interstate comity stop california asserting jurisdiction wholly odds sovereignty california defense sustained north dakota paulus south dakota practice waiving sovereign immunity courts relatively recent development last year example pennsylvania concluded defense longer recognized least certain circumstances state see mayle pennsylvania dept highways laws act codified cons stat begun waive rights immunity courts expected privilege immunity afforded matter comity subject question similarly concern redress individual injuries enhanced moves toward reappraisal practices sovereign nations according absolute immunity foreign sovereigns governing rule today many nations one restrictive rather absolute immunity see dept state bull note jurisdictional immunity foreign sovereigns yale martiniak hall nevada state jurisdiction sister american state sovereign immunity rev see generally jacobs eleventh amendment sovereign immunity article iii provides relevant part section judicial power shall vested one inferior courts congress may time time ordain establish section judicial power shall extend cases law equity arising constitution laws treaties made shall made authority controversies shall party controversies two state citizens another state citizens different citizens state claiming lands grants different state citizens thereof foreign citizens subjects federalist lodge ed hamilton inherent nature sovereignty amenable suit individual without consent see elliot debates federal constitution john marshall hope gentleman think state called bar federal intent enable recover claims individuals residing contend construction warranted words james madison see james wilson citizen controversy another state tribunal parties may stand equal footing jacobs supra legislative history constitution hardly warrants conclusion drawn general understanding time ratification retain sovereign immunity see hans louisiana monaco mississippi eleventh amendment provides judicial power shall construed extend suit law equity commenced prosecuted one citizens another state citizens subjects foreign state even limited however eleventh amendment accorded absolute sovereign immunity actions subject suit sister see north dakota minnesota mississippi prospective injunctive declaratory relief available suits federal state officials nominal defendants see ex parte young edelman jordan see generally baker federalism eleventh amendment rev see hans louisiana supra state courts power entertain suits individuals state without consent circuit concurrent jurisdiction acquire power monaco mississippi supra also postulate union still possessing attributes sovereignty shall immune suits without consent save surrender immunity plan convention justice stone concurred clapper decision expressing view result supported rule new hampshire expected apply situation unnecessary rely constitution support judgment also made clear rule case encompass action source relationship vermont contract vermont employer vermont employee see also alaska packers assn industrial accident bonaparte tax holding law exempting certain bonds enacting state taxation apply extraterritorially virtue full faith credit clause justice stone concurred separately clapper see supra wrote pacific insurance distinguishing clapper limited holding facts clapper case said decided state statute applicable employer employee within state terms provides compensation employee injured course employment temporarily another state given full faith credit latter obnoxious policy california exercise jurisdiction case poses substantial threat constitutional system cooperative federalism suits involving traffic accidents occurring outside nevada hardly interfere nevada capacity fulfill sovereign responsibilities occasion case consider whether different state policies either california nevada might require different analysis different result see art art iv ibid tenth amendment constitution provides powers delegated constitution prohibited reserved respectively people cf georgia chattanooga land acquired one state another state held subject laws latter incidents private ownership proprietary right owning state restrict modify power eminent domain state wherein land situated justice blackmun chief justice justice rehnquist join dissenting plausible opinion holds state nevada subject unconsented suit california state damages tort result first glance seem unreasonable one might well ask nevada even though state even though given consent responsible wrong servant perpetrated california highway one might also inquire provision national constitution specifically prevents nonimmunity result tort action plaintiffs denied judgment paints broad brush troubled implications holding despite fragile disclaimer ante basic undeniable ruling always thought sovereign state treated courts sister state jurisdiction obtained litigant fear ultimate consequences holding suspect opened door avenues liability interstate retaliation prove unsettling upsetting federal system accordingly dissent important note time constitutional convention concedes acceptance view sovereign state never amenable suit without consent ante also acknowledges notion immunity suit attribute sovereignty reflected cases ante despite concessions holds doctrine mere matter comity state free reject whenever policy dictates ante limit breadth rationale goes beyond approach taken california appeal case theorized nevada sovereign purposes case sovereignty ended line sister state enters activities state exercising sovereign power citizens state entitled benefits sovereign immunity doctrine activities unless state conferred immunity law matter comity hall university nevada cal app cal rptr quoting hall university nevada cal cert denied california words recognized sovereign immune unconsented suit held rule failed application facts nevada sovereign agent entered california committed tort indeed said flatly state sovereignty ends state boundary cal app cal quoting hall cal reasoning finds place opinion rather assumes nevada sovereign concludes doctrine constitutional source thus says california abolish doctrine reasoning nevada amenability suit california conditioned agent committed tortious act california since finds constitutional source doctrine california far federal constitution concerned able free treat nevada state treat litigant theory means state constitutionally sued individual courts state cause action provided plaintiff state obtains jurisdiction state consistently due process clause ante purports confine holding torts committed outside defendant state perhaps even traffic policies facts however play absolutely part reasoning reaches conclusion says merely california declared adopted policy full compensation courts injuries highways nothing federal constitution authorizes obligates frustrate policy ante suggestion language california adopted policy area law result different indeed othing federal constitution allows frustration california policy hard see use different analysis reach different result different case expansive logic broad holding far constitution concerned state sued state terms litigant sued place severe strains system cooperative federalism likelihood retaliate one another respectively abolishing sovereign immunity doctrine legal officers required defend suits probably decide modify revenue systems order avoid collection judgments case example nevada evidently maintains cash balances california banks facilitate collection sales taxes california corporations business nevada pet cert decision nevada strong incentive withdraw balances place nevada banks insulate california judgments respondents forced seek satisfaction judgment nevada state course might endeavor refuse enforce judgment enforce nevada terms decision thus may force radical changes way business one another imposes well financial administrative burdens must agree judgment california appeal reversed constitutional source nevada sovereign immunity must found find source express provision constitution guarantee implied essential component federalism difficulty implying guarantee freedom association first amendment naacp button kusper pontikes difficulty implying right interstate travel shapiro thompson guest latter case observed constitutional right travel one state another occupies position fundamental concept federal union although right interstate travel finds explicit mention constitution reason suggested right elementary conceived beginning necessary concomitant stronger union constitution created accordingly acknowledged existence constitutional right without finding necessary ascribe source right particular constitutional provision shapiro thompson difficulty accepting argument existence constitutional doctrine interstate sovereign immunity acknowledgment referred framers must assumed immune suit courts sister lends substantial support reason immunity receive specific mention obvious deserve mention prompt passage eleventh amendment nullifying decision chisholm georgia dall surely significant framers indeed concerned lest haled federal courts courts higher sovereign ante much must reprehended notion state haled courts sister state concept sovereign immunity prevailed time constitutional convention sufficiently fundamental federal structure implicit constitutional dimension indeed means implies state policies might require different result must suggesting federalism constraints state amenability suit courts another state question whether facts case sufficient call implicit constitutional right sovereign immunity play answer question affirmative finally strikes somewhat curious relegates passing reference apparently appellate litigation precise question presented considered indeed result rejected paulus south dakota paulus south dakota plaintiff injured coal mine operated north dakota state south dakota sued south dakota north dakota state north dakota rejected plaintiff contention south dakota discards sovereignty crosses boundary line held south dakota immune suit north dakota courts therefore absence allegations law sister state showing consent sued courts state must necessarily regard sovereign sister state immune extent state immune absence consenting statute noted eleventh amendment state sued federal citizen another state much less reasoned consistent sound conception sovereignty state might haled courts sister sovereign state behest citizens residents latter california purported distinguish paulus citing first opinion litigation ground plaintiff citizen south dakota hall university nevada cal however made reference north dakota second opinion thus passed fact plaintiff amended complaint allege resident north dakota north dakota held fact nowise alter ed view immunity issue thus authority cited us found directly opposed conclusion reverse judgment california appeal remit remedies prescribed statutes nevada justice rehnquist chief justice joins dissenting like brother blackmun agree majority constitutional source sovereign immunity asserted case state nevada think decision today works fundamental readjustment interstate relationships impossible reconcile assumption courts entertained almost years also express holdings logic constitutional plan document particularly constitution built certain postulates assumptions draws shared experience common understanding certain level observation obvious concepts state bill attainder defined constitution demand external referents subtle plane constitution ambiguous silent particular issue often relied notions constitutional plan implicit ordering relationships within federal system necessary make constitution workable governing charter give provision within document full effect intended framers tacit postulates yielded ordering much engrained fabric document express provisions without constitution denied force often meaning thus mcculloch maryland wheat chief justice marshall writing invalidated state tax federal instrumentality even though express provision intergovernmental tax immunity found constitution relied notion power tax power destroy concede power place mercy constitution affirmative grants authority federal government result framers intended recently invalidated federal minimum wage state employees ground threatened ability function effectively federal system national league cities usery quoting fry literalism therefore dispositive must examine understanding framers consequent doctrinal evolution concepts state sovereignty article iii like virtually every article constitution inspired experience articles confederation speak judicial power articles confederation invite charges pretense little latitude federal resolution disputes confederation congress create prize courts courts adjudication high seas crimes set ad hoc essentially powerless tribunals consider controversies individuals claimed lands grants different respect disputes interstate international significance litigants left state courts provincialism proved bane country earliest attempt political organization one obvious attribute art iii light confederation experience potential system neutral forums settlement disputes citizens different theme recurs throughout ratification debates example debates north carolina william davie member constitutional convention observed equally ceded strongest opposers government federal courts cognizance controversies two state citizens another state citizens state claiming lands grant different jurisdiction cases necessary secure impartiality decisions preserve tranquility among impossible impartiality party affected judge security impartiality principal reason giving ultimate decision controversies citizens different elliot debates federal constitution hereinafter elliot debates experience undoubtedly left impression particularly virginians throughout debates constitution fears expressed extending judicial power controversies state citizens another state abrogate sovereign immunity james madison john marshall repeatedly assured opponents constitution patrick henry sovereign immunity secure alexander hamilton publius wrote inherent nature sovereignty amenable suit individual without consent general sense general practice mankind exemption one attributes sovereignty enjoyed government every state union unless therefore surrender immunity plan convention remain danger intimated must merely ideal federalist lodge ed emphasis original think explains number occasions indicated unconsenting subject jurisdiction courts beers arkansas chief justice taney observed opinion established principle jurisprudence civilized nations sovereign sued courts without consent permission years later justice miller even explicit may accepted point departure unquestioned neither state sued defendant country without consent except limited class cases state may made party virtue original jurisdiction conferred constitution principle conceded cases whenever clearly seen state indispensible party enable according rules govern procedure grant relief sought refuse take jurisdiction cunningham macon brunswick state constitutional right sovereign immunity described expansive terms great northern insurance read stated efforts force suits officials performance promises state collide directly necessity sovereign must free judicial compulsion carrying policies within limits constitution state freedom litigation established constitutional right eleventh amendment emphasis added eleventh amendment put state immunity suit constitution therefore power individuals bring state state except consent dissenting opinion necessary enter upon examination reason expediency rule exempts sovereign state prosecution justice suit individuals enough us declare existence legislative department state represents polity called upon highest demands natural political law preserve justice judgment hold inviolate public obligations departure rule except reasons cogent legislature courts judge never fails end incur odium world bring lasting injury upon state deprive legislature power judging honor safety state may require even expense temporary failure discharge public debts attended greater evils failure cause manifestly rest mere literal application words article iii assume letter eleventh amendment exhausts restrictions upon suits behind words constitutional provisions postulates limit control essential postulate controversies contemplated shall found justiciable character also postulate union still possessing attributes sovereignty shall immune suits without consent save surrender immunity plan convention federalist question whether plan constitution involves surrender immunity suit brought state without consent foreign state emphasis added incompatibility majority position case constitutional plan even apparent crandall venture say much apparent incompatibility residency requirement imposed thompson precondition receipt afdc benefits despite historical justification federal courts neutral forums suits unconsenting citizens different brought courts result achieved effort protect sovereignty individual state legislators lack foresight ratify eleventh amendment state even remove action federal citizen purposes diversity jurisdiction moor county alameda postal telegraph cable alabama ironically think wrongly transforms described constitutional right edelman jordan great northern insurance read albatross join brother blackmun doubts majority opinion find principles cooperative federalism despite historical justification federal courts neutral forums despite understanding shared framers close years expounded respected members despite fact operative postulate makes sense eleventh amendment concludes rule unconsenting state subject jurisdiction courts different state finds support explicit implicit constitution ante clear guidance enough see suggestion limits jurisdiction may found principles cooperative federalism taken seriously yet given ingenuity profession pressure limits inevitably increase shunned obvious truly adrift uncharted waters ultimate balance struck name cooperative federalism series unsatisfactory bailing operations fact also concerned practical implications decision federal system expressed constitution exception representation house built notions state parity system truly federal otherwise decision help induce balkanization state relationships try isolate assets foreign judgments generally reduce contacts jurisdictions work detriment smaller like nevada dependent facilities dominant neighbor case california problem enforcement judgment state creates host additional difficulties assuming nevada seizable assets california plaintiff obtain enforcement california judgment nevada courts nevada refuse give california judgment full faith credit state policy nevada challenge seizure assets california relegated choice gamesmanship tests strength characterize international disputes one hand midnight seizure assets associated private debt collection think framers predecessors expressed appropriate limits doctrine state sovereign immunity since california judgment review transgresses limits respectfully dissent chief justice marshall captured idea mcculloch maryland wheat constitution contain accurate detail subdivisions great powers admit means may carried execution partake prolixity legal code scarcely embraced human mind probably never understood public nature therefore requires great outlines marked important objects designated minor ingredients compose objects deduced nature objects preface famous line considering question must never forget constitution expounding ibid emphasis original goebel history antecedents beginnings pp holmes devise history jacobs eleventh amendment sovereign immunity elliot debates james madison jurisdiction controversies state citizens another state much objected perhaps without reason power individuals call state operation state wish bring suit citizen must brought federal john marshall rational suppose sovereign power dragged intent enable recover claims individuals residing contend construction warranted words say partiality state defendant individual proceed obtain judgment state though may sued state necessary avoided although opponents constitution suggested art iii abrogation state sovereign immunity edmund randolph james wilson eminent consistently taken views madison marshall hamilton capturing true intent framers see edelman jordan monaco mississippi hans louisiana adverse reaction chisholm immediate widespread vociferous goebel supra cases exhaust contexts invoked constitutional plan find state amenable unconsented suit despite absence express protection constitution see ex parte new york admiralty cases smith reeves suits federal corporations appealed logic structure constitutional scheme case decided ratification fourteenth amendment therefore avail flexible analytical tools provided equal protection clause due process clause shapiro thompson