alden et al maine argued march decided june decided seminole tribe florida congress lacks power article abrogate sovereign immunity federal federal district dismissed fair labor standards act suit filed petitioners employer respondent maine subsequently petitioners filed action state although flsa purports authorize private actions courts trial dismissed suit ground sovereign immunity maine judicial affirmed held constitution structure history authoritative interpretations make clear immunity suit fundamental aspect sovereignty enjoyed constitution ratification retain today except altered plan convention certain constitutional amendments federal system established constitution retain residuary inviolable sovereignty federalist relegated role mere provinces political corporations retain dignity though full authority sovereignty founding generation considered immunity private suits central dignity doctrine sovereign sued without consent universal constitution drafted ratified addition leading advocates constitution gave explicit assurances ratification debates constitution strip sovereign immunity also understanding state conventions addressed state sovereign immunity ratification documents five years constitution adoption held article iii authorized private citizen another state sue georgia without consent chisholm georgia dall eleventh amendment ratified examination chisholm indicates case amendment deviated original understanding preserve traditional immunity suit amendment text history also suggest congress acted change restore original constitutional design finally swiftness near unanimity amendment adopted indicate captured original understanding subsequent decisions reflect settled doctrinal understanding sovereign immunity derives eleventh amendment structure original constitution since amendment confirmed rather established sovereign immunity constitutional principal follows immunity scope demarcated text amendment alone fundamental postulates implicit constitutional design pp immunity private suit courts beyond congressional power abrogate article legislation pp congress may exercise article powers subject private suits courts compelling evidence required surrender power congress pursuant constitutional design blatchford native village noatak pp neither constitution text recent sovereign immunity decisions establish required relinquish portion sovereignty pp constitution delegating congress power establish law land acting within enumerated powers foreclose state asserting immunity claims arising federal law merely law derives state national power see hans louisiana moreover specific article powers delegated congress necessarily include incidental authority subject private suits means achieving objectives otherwise within enumerated powers scope decisions endorsed contention see parden terminal docks overruled see college savings bank florida prepaid postsecondary ed expense ante pp isolated statements cases suggest eleventh amendment inapplicable state courts truism amendment literal terms however amendment bare text exhaustive description constitutional immunity cases decide question whether retain immunity courts notwithstanding attempted abrogation congress pp whether congress authority article abrogate state immunity courts question first impression history practice precedent constitution structure show compelling evidence derogation sovereignty inherent constitutional compact pp turning first evidence original understanding constitution founders silence regarding immunity suit courts despite controversy regarding state sovereign immunity federal suggests sovereign right assert immunity suit courts well established one conceived new constitution alter arguments raised constitution ratification confirm strong inference similarly nothing chisholm catalyst eleventh amendment suggested immune suits courts amendment language furthermore directed toward article iii constitutional provision believed call state sovereign immunity question nothing article suggested assert immunity courts congress power abrogate immunity finally implicit proposal rejected congress limited amendment scope cases made available remedy courts premise retained immunity concomitant authority decide whether allow private suits sovereign courts pp historical analysis supported early congressional practice early congresses enacted statutes purporting authorize suits nonconsenting state statutes purporting authorize suits forum absent nation historical experience even recent statutes provide evidence understanding congress greater power subject suit courts federal courts pp theory reasoning earlier cases also suggest retain constitutional immunity suit courts immunity described sweeping terms without reference whether suit prosecuted state federal see briscoe bank kentucky pet said many occasions retain immunity courts see beers arkansas relied premise eleventh amendment rulings see hans louisiana supra pp review essential principles federalism state courts special role constitutional design leads conclusion congressional power subject nonconsenting private suits courts inconsistent constitution structure federalism requires congress accord respect dignity due residuary sovereigns joint participants nation governance immunity suit federal courts enough preserve dignity indignity subjecting nonconsenting state coercive process judicial tribunals instance private parties exists regardless forum ways congressional power authorize suits courts even offensive state sovereignty power authorize suits federal forum since sovereign immunity courts always understood within sole control sovereign federal government retains immunity suit state federal reluctant conclude entitled reciprocal privilege underlying constitutional form considerations great substance private suits nonconsenting may threaten financial integrity surrender immunity carries substantial costs autonomy decisionmaking ability sovereign capacity general federal power authorize private suits money damages also strain ability govern accordance citizens judgment creditors compete important needs worthwhile ends access public fisc necessitating difficult decisions involving sensitive political judgments national power remove decisions regarding allocation scarce resources political processes established citizens commit resolution judicial decrees mandated federal government invoked private citizen blur state national governments distinct responsibilities also separate duties state government judicial political branches congress abrogate sovereign immunity federal rule different national government wield greater power state courts federal courts anomaly explained reference state courts special role constitutional design unprecedented infer fact congress may declare federal law binding enforceable state courts principle congress authority pursue federal objectives state courts exceeds power press branches state service also control federal courts constitutional provisions upon relied finding state courts peculiarly amendable federal command moreover distinguish courts federal judiciary constitutional precept admit congressional power require state courts entertain federal suits within judicial power heard federal courts pp state constitutional privilege assert sovereign immunity courts confer upon state concomitant right disregard constitution valid federal law officers bound obligations imposed constitution federal statutes comport constitutional design limits implicit constitutional principle sovereign immunity strike proper balance supremacy federal law separate sovereignty first limit sovereign immunity bars suits absence consent many enacted statutes consenting suits consented suits pursuant plan convention subsequent constitutional amendments second important limit sovereign immunity bars suits lesser entities municipal corporations state officers injunctive declaratory relief money damages sued individual capacities pp maine waived immunity adheres general rule specific legislative enactment required waive sovereign immunity although petitioners contend maine discriminated federal rights claiming immunity suit evidence manipulated immunity systematic fashion discriminate federal causes action extent maine chosen consent certain classes suits maintaining immunity others done exercise privilege sovereignty affirmed kennedy delivered opinion rehnquist scalia thomas joined souter filed dissenting opinion stevens ginsburg breyer joined john alden et al petitioners maine writ certiorari judicial maine june justice kennedy delivered opinion petitioners group probation officers filed suit employer state maine district district maine officers alleged state violated overtime provisions fair labor standards act flsa stat amended et sought compensation liquidated damages suit pending decided seminole tribe florida made clear congress lacks power article abrogate sovereign immunity suits commenced prosecuted federal courts upon consideration seminole tribe district dismissed petitioners action appeals affirmed mills maine petitioners filed action state state trial dismissed suit basis sovereign immunity maine judicial affirmed maine judicial decision conflicts decision arkansas jacoby arkansas dept ed ark calls question constitutionality provisions flsa purporting authorize private actions courts without regard consent see light importance question presented conflict courts granted certiorari intervened petitioner defend statute hold powers delegated congress article constitution include power subject nonconsenting private suits damages state courts decide well state maine consented suits overtime pay liquidated damages flsa premises affirm judgment sustaining dismissal suit eleventh amendment makes explicit reference immunity suits commenced prosecuted one citizens another state citizens subjects foreign state amdt result sometimes referred immunity suit eleventh amendment immunity phrase convenient shorthand something misnomer sovereign immunity neither derives limited terms eleventh amendment rather constitution structure history authoritative interpretations make clear immunity suit fundamental aspect sovereignty enjoyed ratification constitution retain today either literally virtue admission union upon equal footing except altered plan convention certain constitutional amendments although constitution establishes national government broad often plenary authority matters within recognized competence founding document specifically recognizes sovereign entities seminole tribe florida supra accord blatchford native village noatak entered federal system sovereignty intact various textual provisions constitution assume continued existence active participation fundamental processes governance see printz citing art iii art iv art limited enumerated powers granted legislative executive judicial branches national government moreover underscore vital role reserved constitutional design see art art ii art iii doubt regarding constitutional role sovereign entities removed tenth amendment like provisions bill rights enacted allay lingering concerns extent national power amendment confirms promise implicit original document powers delegated constitution prohibited reserved respectively people amdt see also printz supra new york federal system established constitution preserves sovereign status two ways first reserves substantial portion nation primary sovereignty together dignity essential attributes inhering status form distinct independent portions supremacy subject within respective spheres general authority general authority subject within sphere federalist rossiter ed madison second even matters within competence national government constitutional design secures founding generation rejection concept central government act upon favor system state federal governments exercise concurrent authority people hamilton words proper objects government printz supra quoting federalist accord new york supra framers explicitly chose constitution confers upon congress power regulate individuals founders achieved deliberate departure articles confederation experience articles exploded hands practicality making laws coercive sanctions political bodies records federal convention farrand ed madison accord federalist madison hamilton annals america iredell thus retain residuary inviolable sovereignty federalist relegated role mere provinces political corporations retain dignity though full authority sovereignty generation designed adopted federal system considered immunity private suits central sovereign dignity constitution ratified well established english law crown sued without consent courts see chisholm georgia dall iredell dissenting surveying english practice cf nevada hall immunity truly independent sovereign suit courts enjoyed matter absolute right centuries sovereign consent qualify absolute character immunity reciting prerogatives crown blackstone whose works constituted preeminent authority english law founding generation underscored close necessary relationship understood exist sovereignty immunity suit first law ascribes king attribute sovereignty hence suit action brought king even civil matters jurisdiction jurisdiction implies superiority power blackstone commentaries laws england although american people rejected aspects english political theory doctrine sovereign sued without consent universal constitution drafted ratified see chisholm supra iredell dissenting believe doubt neither state question union particular legislative mode authorizing compulsory suit recovery money state either constitution adopted time judicial act passed hans louisiana suability state without consent thing unknown law often laid acknowledged courts jurists hardly necessary formally asserted ratification debates furthermore underscored importance sovereign immunity american people grave concerns raised provisions article iii extended federal judicial power controversies citizens foreign nations explained 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 hall supra omitted leading advocates constitution assured people uncertain terms constitution strip sovereign immunity one assurance contained federalist written alexander hamilton 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 color pretend state governments adoption plan divested privilege paying debts way free every constraint flows obligations good faith contracts nation individuals binding conscience sovereign pretensions compulsive force confer right action independent sovereign purpose authorize suits debts owe recoveries enforced evident done without waging war contracting state ascribe federal courts mere implication destruction preexisting right state governments power involve consequence altogether forced unwarrantable emphasis original virginia ratifying convention james madison echoed theme jurisdiction controversies state citizens another state much objected perhaps without reason power individuals call state appears clause operation give citizen right heard federal courts state condescend party may take cognizance elliot debates federal constitution ed hereinafter elliot debates madison explanation questioned john marshall provided immediate support respect disputes state citizens another state jurisdiction decried unusual vehemence hope gentleman think state called bar federal case present many cases legislature virginia party yet state sued rational suppose sovereign power shall dragged intent enable recover claims individuals residing contend construction warranted words say partiality state defendant necessary avoided see difficulty making state defendant prevent plaintiff although state conventions addressed issue sovereign immunity formal ratification documents sought clarify point constitutional amendment made clear like hamilton madison marshall understood constitution drafted preserve immunity private suits rhode island convention thus proclaimed declared convention judicial power cases state may party extend criminal prosecutions authorize suit person state convention sought addition express amendment remove doubts controversies respecting ibid similar fashion new york convention declare known understanding hat judicial power cases state may party extend criminal prosecutions authorize suit person state convention proceeded ratify constitution nder impressions declaring rights aforesaid abridged violated explanations aforesaid consistent said constitution confidence amendments shall proposed said constitution receive early mature consideration ibid despite persuasive assurances constitution leading advocates expressed understanding state conventions address issue explicit terms held five years constitution adopted article iii authorized private citizen another state sue state georgia without consent chisholm georgia dall four justices concurred judgment issued separate opinion common theme opinions case fell within literal text article iii terms granted jurisdiction controversies state citizens another state state citizens thereof foreign citizens subjects art iii argument provision granted jurisdiction cases state plaintiff dismissed inconsistent ordinary meaning provision extending jurisdiction controversies two necessity contemplated jurisdiction suits defendants two justices also argued sovereign immunity inconsistent principle popular sovereignty established constitution see wilson jay although others go far contended text article iii evidenced surrender sovereign immunity provisions extending jurisdiction suits parties see blair cushing justice iredell dissented relying american history english history principles enumerated powers separate sovereignty see generally hans justices swayed close observance letter constitution without regard former experience usage justice iredell contrary contended intention create new unheard remedies subjecting sovereign actions suit individuals conclusively showed never done invest federal courts jurisdiction hear determine controversies cases parties designated properly susceptible litigation courts decision fell upon country profound shock warren history rev ed accord hans supra principality monaco mississippi seminole tribe newspapers representing rainbow opinion protested viewed unexpected blow state sovereignty others spoke concretely prospective raids state treasuries currie constitution congress federalist period particular responded outrage decision massachusetts legislature example denounced decision repugnant first principles federal government called upon state senators representatives take necessary steps remove clause article constitution construed imply justify decision state compellable answer suit individual individuals papers alexander hamilton syrett cooke eds georgia response intemperate house representatives passed bill providing anyone attempting enforce chisholm decision guilty felony shall suffer death without benefit clergy hanged currie supra initial proposal amend constitution introduced house representatives day chisholm announced proposal adopted eleventh amendment introduced senate promptly following intervening recess currie supra congress turned latter proposal great dispatch little two months introduction endorsed houses forwarded annals congress stat house spent single day discussing amendment vote house close unanimous see annals senate divided house attempts weaken amendment defeated congress succession rejected proposals limit amendment suits cause action shall arisen ratification amendment even cases state shall previously made provision courts whereby suit may prosecuted refused well make exception cases arising treaties made authority might argued chisholm decision correct interpretation constitutional design eleventh amendment represented deviation original understanding however seems unsupportable first despite opinion justice iredell majority failed address either practice understanding prevailed time constitution adopted second even casual reading opinions suggests majority suspected decision unpopular surprising see wilson condemning prevailing conception sovereignty cushing constitution found inconvenient practice particular well regular mode pointed amendment jay reason hope people georgia yet perceive sovereign immunity consistent republican equality cf attorney chisholm want remonstrance georgia satisfy motion made unpopular remonstrance read learnt acts another state whose must always dear condemned finally two members majority acknowledged might well remain immune suit despite article iii grant jurisdiction controversies shall party see cushing jay invoking example actions collect debts incurred constitution adopted one raised possibility exceptions suggesting rule case might extend demands every kind action see jay concessions undercut crucial premise either constitution literal text principal popular sovereignty necessarily overrode widespread practice opinion text history eleventh amendment also suggest congress acted change restore original constitutional design although earlier drafts amendment phrased express limits judicial power granted article iii see annals congress judicial power shall extend suits law equity commenced prosecuted one adopted text addressed proper interpretation provision original constitution see amdt judicial power shall construed extend suit law equity commenced prosecuted one terms eleventh amendment redefine federal judicial power instead overruled amendment expressing ultimate sovereignty whole country superior legislatures courts actually reversed decision terms prohibit suits individuals declared constitution construed import power authorize bringing suits construed judicial power extending suit decision thus overruled hans text reflects historical context congressional objective endorsing amendment ratification congress chose enact language codifying traditional understanding sovereign immunity rather address specific provisions constitution raised concerns ratification debates formed basis chisholm decision cf papers alexander hamilton quoted supra given outraged reaction chisholm well congress repeated refusal otherwise qualify text amendment doubtful congress meant write new immunity constitution limited immunity narrow text eleventh amendment suppose eleventh amendment adopted understood left open citizens state sue state federal courts whilst idea suits citizens foreign indignantly repelled suppose congress proposing eleventh amendment appended proviso nothing therein contained prevent state sued citizens cases arising constitution laws imagine adopted supposition almost absurdity face hans supra natural inference constitution understood light history structure preserve traditional immunity private suits amendment clarified provisions constitution anyone suggested might support contrary understanding reason draft broader brush finally swiftness near unanimity eleventh amendment adopted suggest either captured original understanding country changed collective mind rapidly currie constitution first century reasonable interpretation course regardless views four justices chisholm country whole adopted constitution five years earlier understood document strip immunity private suits cf currie constitution congress plain everybody congress agreed misread constitution although dissent attempts rewrite history reflect different original understanding evidence unpersuasive handful state statutory constitutional provisions authorizing suits petitions right confirms prevalence traditional understanding state sued absence express waiver understanding otherwise provisions unnecessary constitutional amendments proposed new york rhode island conventions undercut rather support dissent view history see supra amendments proposed virginia north carolina conventions cast light upon original understanding immunity suit true course eliminating diversity jurisdiction see elliot debates amendment proposed virginia convention limiting jurisdiction suits arising treaties diversity jurisdiction suits parties claiming lands grants different identical amendment proposed north carolina convention amendments removed language constitution relied upon chisholm amendments reflect dissatisfaction scope federal jurisdiction general matter evidence directed toward question sovereign immunity reflect understanding subject private suits without consent article iii drafted dissent remaining evidence bear weight dissent seeks place views voiced ratification debates edmund randolph james wilson reiterated individuals respective capacities advocate justice chisholm decisively rejected eleventh amendment general pinkney speak issue sovereign immunity furthermore randolph appears recognized views tension traditional understanding sovereign immunity see elliot debates think whatever law nations may say doubt respecting construction state may plaintiff defendant taken away words state shall party wilson pinkney expressed radical nationalist vision constitutional design deviated views prevailed time despite dissent apparent embrace position remains startling even today see post quoting approval wilson statement government state subordinate government controversial early suits prosecuted maryland new york reflect widespread understanding surrendered immunity suit maryland decision submit process vanstophorst maryland dall aroused great controversy see marcus wexler suits diversity opinion sup history go unnoticed see chisholm iredell dissenting oswald new york state refused respond plaintiff summons decision chisholm announced even first asserted defense free sovereign independent state drawn compelled defend suit marcus wexler supra internal quotation marks omitted though decision chisholm may champions every bit vigorous defending interpretation constitution partisans side post vote eleventh amendment makes clear decidedly less numerous see supra short scanty equivocal evidence offered dissent establishes evident decision chisholm members founding generation disagreed hamilton madison marshall iredell state conventions formally address matter events leading adoption eleventh amendment however make clear individuals believed constitution stripped immunity suit small minority ratification debates events leading adoption eleventh amendment reveal original understanding constitutional immunity suit also underscore importance sovereign immunity founding generation simply put constitution never ratified courts stripped sovereign authority except expressly provided constitution atascadero state hospital scanlon accord edelman jordan consistent interpreting adoption eleventh amendment conclusive evidence decision chisholm contrary meaning constitution seminole tribe views expressed hamilton madison marshall ratification debates justice iredell dissenting opinion chisholm reflect original understanding constitution see hans supra principality monaco edelman supra seminole tribe supra nn accordance understanding recognized presumption anomalous proceedings suits intended raised constitution anomalous unheard constitution adopted hans accord consequence looked history experience established order things rather dhering mere letter eleventh amendment determining scope constitutional immunity suit following approach upheld assertions sovereign immunity various contexts falling outside literal text eleventh amendment hans louisiana held sovereign immunity barred citizen suing state head jurisdiction unmoved petitioner argument eleventh amendment terms applied suits brought citizens seems us views great advocates defenders constitution sensible apply equally present case discussion letter appealed ground sustaining suit brought individual state reason strong case attempt strain constitution law construction never imagined dreamed later decisions rejected similar requests conform principle sovereign immunity strict language eleventh amendment holding nonconsenting immune suits brought federal corporations smith reeves foreign nations principality monaco supra indian tribes blatchford native village noatak concluding sovereign immunity defense suits admiralty though text eleventh amendment addresses suits law equity ex parte new york holdings reflect settled doctrinal understanding consistent views leading advocates constitution ratification sovereign immunity derives eleventh amendment structure original constitution see idaho coeur tribe idaho acknowledging broader concept immunity implicit constitution regarded eleventh amendment evidencing exemplifying seminole tribe supra pennhurst state school hospital halderman ex parte new york supra eleventh amendment confirmed rather established sovereign immunity constitutional principle follows scope immunity suit demarcated text amendment alone fundamental postulates implicit constitutional design explained principality monaco 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 quoting federalist omitted recently reaffirmed although text amendment appear restrict article iii diversity jurisdiction federal courts understood eleventh amendment stand much says presupposition confirms blatchford native village noatak supra presupposition first observed century ago hans louisiana supra two parts first state sovereign entity federal system second inherent nature sovereignty amenable suit individual without consent emphasis deleted quoting federalist seminole tribe supra accord puerto rico aqueduct sewer authority metcalf eddy amendment rooted recognition although union maintain certain attributes sovereignty including sovereign immunity ii case must determine whether congress power article subject nonconsenting private suits courts foregoing discussion makes clear fact eleventh amendment terms limits judicial power resolve question rest words amendment alone engage type ahistorical literalism rejected interpreting scope sovereign immunity since discredited decision chisholm seminole tribe see also quoting principality monaco supra hans long recognized blind reliance upon text eleventh amendment strain constitution law construction never imagined dreamed constitutional principle sovereign immunity pose bar federal jurisdiction suits nonconsenting see principality monaco structural basis sovereign immunity implicit constitutional design rather also postulate union still possessing attributes sovereignty shall immune suits without consent save surrender immunity plan convention ibid quoting federalist accord blatchford supra seminole tribe supra separate distinct structural principle directly related scope judicial power established article iii inheres system federalism established constitution exercising article powers congress may subject private suits courts compelling evidence required surrender power congress pursuant constitutional design blatchford petitioners contend text constitution recent sovereign immunity decisions establish required relinquish portion sovereignty turn first sources article grants congress broad power enact legislation several enumerated areas national concern supremacy clause furthermore provides constitution laws shall made pursuance thereof shall law land judges every state shall bound thereby thing constitution laws state contrary notwithstanding art vi contended virtue provisions congress enacts legislation subjecting suit legislation necessity overrides sovereign immunity evident text however supremacy clause enshrines law land federal acts accord constitutional design see printz appeal supremacy clause alone merely raises question whether law valid exercise national power see federalist hamilton follow doctrine acts larger society pursuant constitutional powers invasions residuary authorities smaller societies become law land printz supra constitution delegating congress power establish law land acting within enumerated powers foreclose state asserting immunity claims arising federal law merely law derives state national power contrary view reconciled hans louisiana supra sustained louisiana immunity private suit arising constitution employees dept public health welfare mo department public health welfare recognized flsa binding upon missouri nevertheless upheld state immunity private suit recover act numerous decisions effect reject contention substantive federal law force necessarily overrides sovereign immunity state asserts immunity suit question primacy federal law implementation law manner consistent constitutional sovereignty conclude specific article powers delegated congress necessarily include virtue necessary proper clause otherwise incidental authority subject private suits means achieving objectives otherwise within scope enumerated powers although decisions endorsed contention see parden terminal docks pennsylvania union gas plurality opinion since overruled see seminole tribe supra college savings bank florida prepaid postsecondary ed expense ante recognized analogous context la carrying execution commerce clause violates principle state sovereignty reflected various constitutional provisions la proper carrying execution commerce clause thus words federalist merely ac usurpation deserve treated printz supra quoting federalist hamilton ellipses alterations printz cases cited course came last conclusion neither supremacy clause enumerated powers congress confer authority abrogate immunity suit federal logic decisions however turn forum suits prosecuted extends suits well dissenting opinion seeks reopen precedents contending state sovereign immunity must derive either common law case dissent contends defeasible statute natural law case dissent believes bar federal claim see post obvious false dichotomy text structure constitution protect various rights principles many right trial jury prohibition unreasonable searches seizures derive common law lineage rights mean defeasible statute remain mere rights however rather constitutional rights form fundamental law land although sovereign immunity derives least part tradition structure history constitution make clear immunity exists today constitutional design dissent provided persuasive evidence founding generation regarded sovereign immunity defeasible federal statute dissent implies view held madison marshall see post nothing comments made either individual ratification conventions even implies understanding although dissent seizes upon justice iredell statutory analysis chisholm attempt attribute view justice iredell see post citing chisholm iredell dissenting justice iredell views underlying constitutional question clear enough portions dissenting opinion much however said constitution may improper intimate present opinion strongly construction admit circumstances compulsive suit state recovery money think every word constitution may full effect without involving consequence nothing express words insurmountable implication neither consider found case authorize deduction high power despite dissent assertion contrary fact right defeasible statute means protected constitution derives natural law whether dissent attribution reasoning conclusions natural law results analytical confusion rhetorical device simply inaccurate contend founders stripped sovereign immunity granted congress power subject private suit token contours sovereign immunity determined founders understanding principles limitations derived natural law dissent offered evidence founders believed sovereign immunity extended cases sovereign source right asserted limitation existed sovereign immunity england sovereign immunity predicated different theory altogether see pollock maitland history english law ed quoted nevada hall king compelled answer true every petty lord every petty accord holdsworth history english law ed feudal lord sued doubtful whether king regarded meaningful sense font traditions customs formed substance common law yet sued claim courts strains credibility imagine king sued say french cause action light ratification debates history eleventh amendment reason believe founders intended constitution preserve restricted immunity contrary congress refusal modify text eleventh amendment create exception sovereign immunity cases arising treaties see supra suggests sovereign immunity understood extend beyond causes action surely dissent believe sovereign immunity poses bar suit federal federal tort claims act effected contraction rather expansion amenability suit isolated statements cases suggesting eleventh amendment inapplicable state courts see hilton south carolina public railways michigan dept state police atascadero state hospital scanlon maine thiboutot nevada hall course truism literal terms eleventh amendment explained however bare text amendment exhaustive description constitutional immunity suit cases furthermore decide question presented whether retain immunity private suits courts notwithstanding attempted abrogation congress two cases discussing immunity may dismissed hand digressions atascadero state hospital thiboutot irrelevant either opinion holding rationale discussion also unnecessary decision holding create cause action rendered unnecessary determine scope constitutional immunity suit courts opinions hilton hall however require closer attention cases sustained suits state courts hilton held injured employee railroad sue employer arm state state federal employers liability act fela stat decision controlled informed stare decisis generation earlier held fela made clear operated railroads subject suit injured workers chose enter railroad business statute enactment impliedly waived sovereign immunity suits see parden supra excluded railroad workers coverage workers compensation statutes assumption fela provided adequate protection workers hilton supra closing courts fela suits state employers dislodged settled expectations required extensive legislative response ibid language hilton gives support position petitioners decision squarely address much less resolve question congress power abrogate immunity suit courts respondent hilton south carolina public railways commission neither contested congress constitutional authority subject suits money damages raised sovereign immunity affirmative defense see brief respondent pp state litigation strategy surprising hilton litigated decided wake union gas decisions new york printz seminole tribe time may appeared state congress power abrogate immunity suit limited constitution long congress made intent sufficiently clear furthermore decision parden based concepts waiver consent although later decisions undermined basis parden reasoning see welch texas dept highways public recognizing parden erred finding clear congressional intent subject suit college savings bank ante overruling parden theory constructive waiver questioned general proposition state may waive sovereign immunity consent suit see seminole tribe hilton must read light doctrinal basis parden issues presented argued parties substantial reliance interests drawn question litigation read believe decision best understood recognizing congressional power subject nonconsenting private suits courts even endorsing constructive waiver theory parden simply adhering matter stare decisis presumed historical fact narrow proposition certain consented sued injured workers covered fela least courts hall considered whether california subject nevada suit california courts determined constitution bar noted doctrine sovereign immunity amalgam two quite different concepts one applicable suits sovereign courts suits courts another sovereign acknowledged immunity truly independent sovereign suit courts enjoyed matter absolute right centuries sovereign consent qualify absolute character immunity ibid notion immunity suit attribute sovereignty reflected cases explanation adequately supports conclusion sovereign may sued courts without consent sharply distinguished however sovereign immunity suit courts another sovereign ut explanation 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 ibid since determined constitution reflect agreement respect sovereign immunity one another california free determine whether respect nevada sovereignty matter comity opinion hall distinguish state immunity suit federal immunity courts however address consider differences state sovereign immunity federal courts reluctance find implied constitutional limit power construed furthermore support analogous reluctance find implied constitutional limits power federal government constitution treats powers differently powers federal government explained hall 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 omitted federal government contrast claim powers granted constitution powers actually granted must expressly given given necessary implication martin hunter lessee wheat see also city boerne flores lopez decision hall thus support argument urged petitioners decision addressed neither congress power subject private suits immunity suit courts fact distinction drawn sovereign immunity courts immunity courts another sovereign well reasoning distinction based consistent even support proposition urged respondent constitution reserves constitutional immunity private suits courts abrogated congress petitioners seek support two additional decisions reich collins held despite immunity suit federal state holds plainly appears clear certain postdeprivation remedy taxes collected violation federal law may declare disputed taxes paid reliance remedy remedy fact exist case arose context litigation state may deprive taxpayer means challenging validity tax laws holding appears clear certain postdeprivation remedy ibid see also fair assessment real estate mcnary context due process requires state provide remedy promised cf hudson palmer concurring obligation arises constitution reich speak power congress subject suits courts howlett rose held state refuse hear suit school board basis sovereign immunity school board arm state however assert constitutional defense sovereign immunity state entitled see mt healthy city bd ed doyle howlett question whether defense sovereign immunity available school board otherwise subject suit florida even though defense available action brought federal forum decision address question congress power compel state entertain action nonconsenting state whether congress authority article abrogate state immunity suit courts question first impression determining whether compelling evidence derogation sovereignty inherent constitutional compact blatchford continue discussion history practice precedent structure constitution look first evidence original understanding constitution petitioners contend ratification debates events surrounding adoption eleventh amendment focused immunity suit federal courts historical record gives instruction founding generation intent preserve immunity suit courts believe however founders silence best explained simple fact one even constitution ardent opponents suggested document might strip immunity light overriding concern regarding debts together well known creativity foresight vivid imagination constitution opponents silence instructive suggests sovereign right assert immunity suit courts principle well established one conceived altered new constitution arguments raised constitution confirm strong inference england rule well established lord sued vassal petty lord subject suit courts higher lord hall argued analogy sued without consent federal point argument federal jurisdiction article iii circumvent immunity suit courts argument made little sense understood relinquished immunity events response constitution advocates gave argument also telling relying custom practice particular immunity suit courts see elliot debates marshall contended individual sue sovereign without consent true point directed toward power federal judiciary question issue logic argument however applies even greater force context suit prosecuted sovereign courts setting sovereign immunity long established unquestioned see hall supra similarly eleventh amendment terms addresses judicial power nothing chisholm catalyst amendment suggested immune suits courts justice address issue fact explicit distinguishing sovereign immunity federal state courts see blair sovereigns sued courts method petition right may established respectful form demand sovereignty exemption suit sovereign courts follows state adopting constitution agreed amenable judicial power respect given right sovereignty language eleventh amendment furthermore directed toward provisions constitutional text believed call immunity private suits question although article iii expressly contemplated jurisdiction suits individuals nothing article part constitution suggested assert immunity private suit courts congress power abrogate sovereign immunity finally congress endorsed eleventh amendment rejected language limiting amendment scope cases made available remedy courts see supra implicit proposal evident premise retained immunity concomitant authority decide whether allow private suits sovereign courts light language constitution historical context quite apparent neither ratification debates language eleventh amendment addressed immunity suit courts concerns voiced ratifying conventions furor raised chisholm speed unanimity amendment adopted moreover underscore jealous care founding generation sought preserve sovereign immunity read history permitting inference constitution stripped immunity courts allowed congress subject suit turn head concern founding generation article iii might used circumvent immunity light historical record difficult conceive constitution adopted understood strip immunity suit courts cede federal government power subject nonconsenting private suits fora historical analysis supported early congressional practice provides contemporaneous weighty evidence constitution meaning printz internal quotation marks omitted although early congresses enacted various statutes authorizing federal suits state see listing statutes testa katt discovered instance purported authorize suits nonconsenting fora numerousness statutes authorizing suit state contrasted utter lack statutes subjecting suit suggests assumed absence power thus appears early congresses believe power authorize private suits courts statutes purporting authorize private suits nonconsenting state courts enacted early congresses statutes purporting authorize suits forum absent historical experience first statute confronted even arguably purported subject private actions fela see parden first time state claim immunity suit individual meets suit brought upon cause action expressly created congress later recognized however even statute clearly create cause action see welch provisions flsa issue enacted aftermath parden among first statutory enactments purporting express terms subject nonconsenting private suits although similar statutes multiplied last generation recent vintage probative flsa constitutional tradition lends meaning text persuasive force far outweighed almost two centuries apparent congressional avoidance practice even recent statutes moreover provide evidence understanding congress greater power subject suit courts federal courts contrary statutes purport create causes actions enforceable federal well state extent recent practice thus departs longstanding tradition reflects much understanding surrendered immunity suit courts erroneous view perhaps inspired parden union gas congress may subject nonconsenting private suits forum theory reasoning earlier cases suggest retain constitutional immunity suit courts often described immunity sweeping terms without reference whether suit prosecuted state federal see briscoe bank kentucky pet sovereign state liable sued without consent board liquidation mccomb state without consent sued individual ayers great northern life ins read inherent nature sovereignty prevents actions state citizens without consent said many occasions furthermore retain immunity private suits prosecuted courts see beers arkansas established principle jurisprudence civilized nations sovereign sued courts without consent permission railroad tennessee principle elementary state sued courts without consent privilege sovereignty cunningham macon brunswick 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 louisiana ex rel new york guaranty indemnity steele finding suit state official state clearly within principle eleventh amendment decisions hess port authority corporation eleventh amendment largely shields suit federal without consent leaving parties claims state present state permits state tribunals seminole tribe empowered review question federal law arising state decision state consented suit see also great northern life ins read frankfurter dissenting eleventh amendment put state immunity suit constitution therefore power individuals bring state state except consent accord majority opinion cf quern jordan green mansour also relied immunity courts premise eleventh amendment rulings see hans true amendment read reason ground abating suit might maintainable anomalous result state may sued citizen though citizen another state state may thus sued federal courts although allowing sued courts necessary consequence language constitution law result less startling unexpected chisholm state courts power entertain suits individuals state without consent circuit concurrent jurisdiction acquire power particular exception sovereign immunity doctrine recognized ex parte young based part premise sovereign immunity bars relief officers state federal courts certain suits declaratory injunctive relief state officers must therefore permitted constitution remain law land explained general oil crain case decided day ex parte young extending rule case suits seems obvious consequence state perform functions officers restraint upon restraint upon sovereignty exempt without consent state tribunals exempt eleventh amendment constitution national tribunals error universality conclusion seen necessarily give adequate protection constitutional rights distinction must made valid invalid state laws determining character suit state officers suit bar illustrates necessity suit state officers precluded national courts eleventh amendment constitution may forbidden state courts contended case bar may without power review must evident easy way open prevent enforcement many provisions constitution see ex parte young ante subject fully discussed cases reviewed understood retain constitutional immunity suit courts need ex parte young rule less pressing rule formed essential part sovereign immunity doctrine see idaho coeur tribe idaho principal opinion settled doctrine neither substantive federal law attempted congressional abrogation article bars state raising constitutional defense sovereign immunity federal see part supra decisions suggesting retain analogous constitutional immunity private suits courts support conclusion congress lacks article power subject private suits fora final consideration whether congressional power subject nonconsenting private suits courts consistent structure constitution look essential principles federalism special role state courts constitutional design although constitution grants broad powers congress federalism requires congress treat manner consistent status residuary sovereigns joint participants governance nation see lopez concurring opinion printz new york founding generation thought neither becoming convenient several union invested large residuum sovereignty delegated summoned defendants answer complaints private persons ayers principle sovereign immunity preserved constitutional design thus accords respect owed members federation puerto rico aqueduct sewer authority accord coeur tribe supra recognizing dignity respect afforded state immunity designed protect petitioners contend immunity suit federal suffices preserve dignity private suits nonconsenting however present indignity subjecting state coercive process judicial tribunals instance private parties ayers supra accord seminole tribe regardless forum must state defend default also must face prospect thrust federal fiat disfavored status debtor subject power private citizens levy treasury perhaps even government buildings property state administers public behalf ways course congressional power authorize private suits nonconsenting courts even offensive state sovereignty power authorize suits federal forum although immunity one sovereign courts another often depended part comity agreement immunity sovereign courts always understood within sole control sovereign see generally hall power press state courts federal service coerce branches state furthermore power first turn state ultimately commandeer entire political machinery state behest individuals cf coeur tribe supra plenary federal control state governmental processes denigrates separate sovereignty unquestioned federal government retains immunity suit state tribunals also courts light constitutional system recognizing essential sovereignty reluctant conclude entitled reciprocal privilege underlying constitutional form considerations great substance private suits nonconsenting especially suits money damages may threaten financial integrity indisputable time founding many forced insolvency immunity private suits money damages even today unlimited congressional power authorize suits state levy upon treasuries compensatory damages attorney fees even punitive damages create staggering burdens giving congress power leverage contemplated constitutional design potential national power pose severe notorious danger resources congressional power strip immunity private suits courts pose subtle risks well principle immunity litigation assures nation unanticipated intervention processes government great northern life ins read immunity private suits disregarded course public policy administration public affairs may become subject controlled mandates judicial tribunals without consent favor individual interests ayers supra relinquished immunity suit special contexts least practical matter see part iii infra surrender carries substantial costs autonomy decisionmaking ability sovereign capacity general federal power authorize private suits money damages place unwarranted strain ability govern accordance citizens today time founding allocation scarce resources among competing needs interests lies heart political process judgment creditor state may legitimate claim compensation important needs worthwhile ends compete access public fisc since satisfied full inevitable difficult decisions involving sensitive political judgments must made principle representative government preserved balance competing interests must reached deliberation political process established citizens state judicial decree mandated federal government invoked private citizen needs argument show political power thus ousted jurisdiction judiciary set place louisiana jumel split ting atom sovereignty founders established two orders government direct relationship privity set mutual rights obligations people sustain governed saenz roe quoting term limits thornton concurring opinion constitution thus contemplates state government represent remain accountable citizens printz federal government asserts authority state fundamental political processes strikes heart political accountability essential liberty republican form government asserted authority blur distinct responsibilities state national governments also separate duties judicial political branches state governments displacing state decisions go heart representative government gregory ashcroft state entitled order processes governance assigning political branches rather courts responsibility directing payment debts see structure government character exercise government authority state defines sovereign congress displace state allocation governmental power responsibility judicial branch state whose legitimacy derives fidelity law compelled assume role foreign experience beyond competence defined constitution existence derives congress abrogate sovereign immunity federal rule different national government wield greater power state courts judicial instrumentalities cf howlett noting anomaly arise state might forced entertain courts suits immune federal hilton recognizing concerns arise national government uses state courts exclusive forum permit recovery congressional statute resulting anomaly explained reference special role state courts constitutional design although congress may require legislative executive branches enact administer federal regulatory programs see printz supra new york may require state courts adequate appropriate jurisdiction testa enforce federal prescriptions insofar prescriptions relat matters appropriate judicial power printz supra unprecedented step however infer fact congress may declare federal law binding enforceable state courts principle congress authority pursue federal objectives state judiciaries exceeds power press branches state service even control federal courts conclusion imply congress may cases act instrumentalities yet chief justice marshall explained trace found constitution intention create dependence government union execution great powers assigned means adequate ends means alone expected rely accomplishment ends mcculloch maryland wheat cf osborn bank wheat insinuated judicial power cases depending character cause exercised first instance courts union must first exercised tribunals state provisions constitution upon relied finding state courts peculiarly amenable federal command moreover distinguish courts federal judiciary supremacy clause impose specific obligations state judges serious contention however supremacy clause imposes greater obligations judges judiciary text article iii extends federal judicial power enumerated classes suits grants congress discretion whether establish inferior federal courts give strong support inference state courts may opened suits falling within federal judicial power article way suggests however state courts may required assume jurisdiction vested federal courts forms part judicial power recognized congress may require state courts hear matters appropriate judicial power printz sovereign immunity precedents establish suits nonconsenting properly susceptible litigation courts hans result entire judicial power granted constitution embrace authority entertain suits absence state consent principality monaco quoting ex parte new york accord private suits nonconsenting sovereigns justiciable character aware constitutional precept admit congressional power require state courts entertain federal suits within judicial power heard federal courts explained erie tompkins constitution recognizes preserves autonomy independence independence legislative independence judicial departments supervision either legislative judicial action case permissible except matters constitution specifically authorized delegated interference either except thus permitted invasion authority state extent denial independence light history practice precedent structure constitution hold retain immunity private suit courts immunity beyond congressional power abrogate article legislation iii constitutional privilege state assert sovereign immunity courts confer upon state concomitant right disregard constitution valid federal law officers bound obligations imposed constitution federal statutes comport constitutional design unwilling assume refuse honor constitution obey binding laws good faith thus provides important assurance constitution laws shall made pursuance thereof shall law land art vi sovereign immunity moreover bar judicial review state compliance constitution valid federal law rather certain limits implicit constitutional principle state sovereign immunity first limits sovereign immunity bars suits absence consent many initiative enacted statutes consenting wide variety suits rigors sovereign immunity thus mitigated sense justice continually expanded consent suability sovereign great northern life ins read subject constitutional limitations federal government lack authority means seek voluntary consent private suits cf south dakota dole consented moreover suits pursuant plan convention subsequent constitutional amendments ratifying constitution consented suits brought federal government principality monaco supra collecting cases suit commenced prosecuted state name entrusted constitutional duty take care laws faithfully executed art ii differs kind suit individual constitution contemplates suits among members federal system alternative extralegal measures fear private suits nonconsenting central reason given founders chose preserve sovereign immunity suits brought require exercise political responsibility suit prosecuted state control absent broad delegation private persons sue nonconsenting held also adopting fourteenth amendment people required surrender portion sovereignty preserved original constitution congress may authorize private suits nonconsenting pursuant enforcement power fitzpatrick bitzer imposing explicit limits powers granting congress power enforce amendment fundamentally altered balance state federal power struck constitution seminole tribe congress enacts appropriate legislation enforce amendment see city boerne flores federal interests paramount congress may assert authority otherwise unauthorized constitution fitzpatrick supra second important limit principle sovereign immunity bars suits lesser entities immunity extend suits prosecuted municipal corporation governmental entity arm state see mt healthy city bd ed doyle lincoln county luning sovereign immunity bar suits state officers suits state officers barred rule sovereign immunity limited suits name state party suits fact state see ayers idaho coeur tribe idaho real interests served eleventh amendment sacrificed elementary mechanics captions pleading rule however bar certain actions state officers injunctive declaratory relief compare ex parte young ayers supra coeur tribe idaho supra seminole tribe supra edelman jordan even suit money damages may prosecuted state officer individual capacity unconstitutional wrongful conduct fairly attributable officer long relief sought state treasury officer personally scheuer rhodes ford motor department treasury principle sovereign immunity reflected jurisprudence strikes proper balance supremacy federal law separate sovereignty see pennhurst state school hospital halderman established rules provide ample means correct ongoing violations law vindicate interests animate supremacy clause see green mansour first years constitutional history found unnecessary decide question presented suggests federal power subject nonconsenting private suits courts unnecessary uphold constitution valid federal statutes law iv sole remaining question whether maine waived immunity state maine regards immunity suit one highest attributes inherent nature sovereignty cushing cohen quoting drake smith adheres general rule specific authority conferred enactment legislature requisite sovereign taken shed protective mantle immunity petitioners attempted establish waiver immunity standard although petitioners contend state discriminated federal rights claiming sovereign immunity flsa suit evidence state manipulated immunity systematic fashion discriminate federal causes action extent maine chosen consent certain classes suits maintaining immunity others done exercise privilege sovereignty concomitant constitutional immunity suit state conclude consented suit case one level concerns formal structure federalism constitution resilient form mirrors substance congress vast power power congress legislates matters affecting may treat sovereign entities mere prefectures corporations congress must accord esteem due joint participants federal system one beginning premise sovereignty central government separate congress ample means ensure compliance valid federal laws must respect sovereignty apparent attempt disparage conclusion disagrees dissent attributes reasoning natural law seek discover however framers ratified constitution sought accomplish created federal system appeal higher authority charter wrote adopted unique insight freedom enhanced creation two governments one need attach label dissenting colleagues insistence constitutional structure adopted founders must yield politics moment although constitution begins principle sovereignty rests people follow national government becomes ultimate preferred mechanism expressing people exist refutation concept choosing ordain establish constitution people insisted upon federal structure purpose rejecting idea people instances expressed central power one remote control framers constitution share dissenting colleagues belief congress may circumvent federal design regulating directly pleases including proxy individual citizens authorized levy upon state treasuries absent consent jurisdiction case us depends upon principles state maine questioned congress power prescribe substantive rules federal law must comply despite initial disagreement requirements flsa conceded state altered conduct compliance federal law questioned solicitor general appeared however asserted federal interest compensating employees alleged past violations federal law compelling sovereign state maine must stripped immunity subjected suit courts employees yet despite specific statutory authorization see apparently found interests insufficient justify sending even single attorney maine prosecute litigation difference suit behalf employees suit employees implicates rule national government must deem case sufficient importance take action state history precedent structure constitution make clear plan convention consented suits first kind second judgment judicial maine affirmed john alden et al petitioners maine writ certiorari judicial maine june justice souter justice stevens justice ginsburg justice breyer join dissenting seminole tribe florida majority invoked eleventh amendment declare federal judicial power article iii constitution reach private action state even federal question conception however eleventh amendment understood enhanced background principle state sovereign immunity understood immunity suit see id operated beyond limited codification amendment dealing solely federal diversity jurisdiction seminole tribe dissenters one enhancement amendment odds constitutional history war conception divided sovereignty essence american federalism today issue arises naturally aftermath decision seminole tribe holds constitution bars individual suit state enforce federal statutory right fair labor standards act flsa et seq ed supp iii brought state courts objection thus complementing earlier decision course confronts fact state forum renders eleventh amendment beside point responded discerning simpler straightforward theory state sovereign immunity found seminole tribe state sovereign immunity individual suits fundamental aspect state sovereignty confirm ed tenth amendment ante consequence seminole tribe contorted reliance eleventh amendment background presumably unnecessary tenth done work economy majority seminole tribe welcomed indeed current reasoning correct eleventh amendment unnecessary whatever article iii may originally said federal judicial power embarrassment state georgia occasioned attempts federal enforce state war debt easily avoided decided chisholm georgia dall understood state inherent tenth amendment right free judicial power whether state federal whether cause action arise state federal law sequence positions prompts suspicion error skepticism confirmed scrutiny efforts justify holding evidence tenth amendment constitutionalized concept sovereign immunity inherent notion statehood evidence concept inherent sovereign immunity understood historically apply sovereign sued font law fare better subsidiary lines reasoning action barred scheme american federalism result supposedly confirmed history largely devoid precursors action considered federalism ignores accepted authority congress bind flsa provide enforcement federal rights state history simply disparages capacity constitution order relationships republic changed since founding point raised mistaken respectfully dissent judgment rests decision principally claim immunity suit fundamental aspect sovereignty enjoyed ratification constitution ante aspect understands survived ratification constitution confirm ed given constitutional status ante adoption tenth amendment truly means sovereign immunity term meant common law see ante argument insupportable sovereign immunity entered many new state legal systems part common law selectively received england understood indefeasible given status new national constitution mention see seminole tribe supra souter dissenting question posed state sovereign immunity thought shield state suit federal law subject committed national jurisdiction article constitution congress exercising conceded article power may unquestionably abrogate immunity set position length dissent seminole tribe repeat however offer today holding mere corollary reasoning seminole tribe substituting tenth amendment eleventh occasion demands fair read references fundamental aspect state sovereignty referring prerogative inherited crown conception necessarily implied statehood conception thus one common law much natural law universally applicable proposition discoverable reason take sense emphatically relies alexander hamilton reference federalist sovereign immunity suit inherent right see ante characterization require least open natural law reading understand rely hamiltonian formulation object suggesting conception sovereign immunity fundamental aspect sovereignty substantially popular dominant view periods revolution confederation nothing else opinion suggest basis saying ratification tenth amendment gave fundamental aspect constitutional status protection legislative tampering congress principal rationale today result turns history natural law conception sovereign immunity inherent notion independent state widely held period preceding ratification adoption tenth amendment answer certainly almost evidence generation framers thought sovereign immunity fundamental sense unalterable whether one looks period framing ratification controversies early republican era evidence framers thought sovereign immunity obsolete royal prerogative inapplicable republic thought sovereign immunity power defeasible like rights statute perhaps thought keeping natural law view distinct conception immunity inherent sovereign body made law logically bound natural law thinking part doubtful however support position american colonies enjoy sovereign immunity privilege understood english law reserved crown alone antecedent declaration independence none colonies pretended sovereign story commentaries constitution ed several colonial charters including massachusetts connecticut rhode island georgia expressly specified corporate body established thereunder sue sued see sources documents constitutions swindler ed massachusetts id connecticut id rhode island id georgia charters given individuals necessarily subject suit see gibbons eleventh amendment state sovereign immunity reinterpretation colum rev colonial lawyer looked blackstone theory sovereign immunity indeed many found nothing clearly suggesting colonies enjoyed immunity suit law ascribes king attribute sovereignty said blackstone blackstone commentaries hereinafter blackstone sources notion bracton acts parliament declared crown imperial id simply king suit action brought even civil matters jurisdiction id person demand upon king must petition chancery chancellor administer right matter grace though upon compulsion worth pausing note blackstone explained sovereign immunity common law went say tradition compatible sovereign immunity discussed writers natural law entirely consonant laid writers natural law subject says puffendorf long continues subject hath way oblige prince give due refuses though wise prince ever refuse stand lawful contract prince gives subject leave enter action upon contract courts action proceeds rather upon natural equity upon municipal laws end action compel prince observe contract persuade ibid omitted next blackstone quoted locke explanation immunity according risks overreaching heady well recompensed peace public security government person chief magistrate thus set reach danger ibid quoting locke second treatise civil government gough ed quoting pufendorf locke blackstone revealed readers tradition derived sovereign immunity immemorial practice england general theoretical principles although blackstone thus juxtaposed natural law conceptions sovereign immunity confuse well although two conceptions arguably consonant england according blackstone crown sovereign distinct foundations make difference america location sovereignty issue independence raise exigence starting ideas sovereignty colonial america began shift americans argued lacking voice parliament express way consented taxed see bailyn ideological origins american revolution wood creation american republic pp story subsequent development conceptions sovereignty complex uneven enough say time independence declared locus sovereignty still open question except almost definition advocates independence denied sovereignty respect american colonies remained king parliament concept sovereignty unsettled sovereign immunity appear understood without immunity suit courts upon independence connecticut rhode island adopted charters constitutions without altering provisions specifying suability see gibbons colum nn new understood inheritors crown sovereign immunity enacted statutes authorizing legal remedies state parallel available england although crown immune suit contemporary practice allowed private litigants seek legal remedies crown petition right monstrans de droit chancery exchequer see blackstone virginia statute provided auditors according discretion judgment shall disallow abate article demand commonwealth person shall think aggrieved thereby shall liberty petition high chancery general according nature case redress shall proceed right thereon like petition shall allowed cases person entitled demand commonwealth right law equity hening statutes large collection laws virginia see pfander sovereign immunity right petition toward first amendment right pursue judicial claims government nw rev petition clearly reminiscent english petition right language shall proceed right thereon paralleled formula royal approval soit droit fait al partie technically required petition right adjudicated see blackstone pfander supra nn new york statute similarly authorized petition chancery anyone thought aggrieved state auditor general resolution account state see act directing mode recovery debts due settlement accounts state march first laws state new york reprinted see also pfander supra pennsylvania adopted law conferring authority settle accounts upon comptroller general see act apr ch laws commonwealth pennsylvania provided appeal adjudications pennsylvania jury trial see id pfander supra although least one recorded case pennsylvania commonwealth citing blackstone pleaded sovereign immunity see respublica sparhawk dall pennsylvania reach argument concluding grounds lacked jurisdiction two years decision influence james wilson see jacobs eleventh amendment sovereign immunity pennsylvania adopted new constitution provided uits may brought commonwealth manner courts cases legislature may law direct pa art ix reprinted sources documents constitutions see also pfander supra around time constitutional convention existed among diversity practice respect sovereign immunity despite tendency among state constitutions announce declare certain inalienable natural rights men even collective people state see pennsylvania constitution art iii sources documents constitutions supra people state sole exclusive inherent right governing regulating internal police state declared sovereign immunity one rights extent thought possess immunity perceived prerogative sovereign common law sovereign immunity recognized barring suit provisions recovery state order common law england constitutional convention notion sovereign immunity whether natural law common law immediate subject debate sovereignty state courts seems mentioned comes surprise although constitution required state courts apply federal law framers consider possibility federal law might bind say relations employees subsequent ratification debates however issue jurisdiction state emerge question whether might sued debts federal point variety views emerged diversity sovereign immunity conceptions displayed arguable support absolutist view found among leading participants debate surrounding ratification one already mentioned alexander hamilton federalist described sovereign immunity language suggesting principles associated natural law 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 might sued debts federal must merely ideal contracts nation individuals binding conscience sovereign pretensions compulsive force confer right action independent sovereign federalist pp cooke ed hamilton chose words carefully acknowledged possibility convention might surrendered sovereign immunity circumstances thrust argument sovereign immunity inherent nature sovereignty echo pufendorf may heard reference conscience sovereign universality phenomenon sovereign immunity hamilton claimed general sense general practice mankind peculiar feature natural law conception apparent novelty uniqueness hamilton employment natural law terminology explain sovereign immunity worth remarking stands contrast formulations indicating particular position origin widespread view sovereign immunity derived common law radical stance sovereignty people made sovereign immunity place hamilton view also worth noticing marked contrast prominence opinion today well seminole tribe hans louisiana cf great northern life ins read found favor early see infra virginia ratifying convention madison among debated sovereign immunity terms result produced theoretical underpinnings maintained power individuals call state elliot debates several state conventions adoption federal constitution ed hereinafter elliot debates thought phrase state shall party article iii must interpreted light general principle operation state wish bring suit citizen must brought federal ibid john marshall argued along lines possibility federal jurisdiction private suits invoked immunity state courts support argument hope gentleman think state called bar federal case present many cases legislature virginia party yet state sued rational suppose sovereign power dragged id unanimity among virginians either immunity however edmund randolph anticipated position later espouse plaintiff counsel chisholm georgia dall contented agnosticism significance hamilton called general practice mankind argued notwithstanding natural law view nonsuability constitution permitted suit state federal think whatever law nations may say doubt respecting construction state may plaintiff defendant taken away words state shall party elliot debates randolph clearly believed constitution fact language trump inherent immunity enjoyed view sovereign immunity state seems issue uncertain whatever law nations may say farthest extreme hamilton james wilson made several comments pennsylvania convention suggested hostility idea state sovereign immunity first responded argument sovereignty destroyed sued suiter must acknowledge jurisdiction custom sovereigns suffer names made use manner wilson answer plain easy government state subordinate government ibid wilson also pointed commenting federal jurisdiction cases state citizens another state power attended found necessary one impartiality leading feature constitution pervades whole citizen controversy another state tribunal parties may stand equal footing id finally wilson laid view sovereignty fact located upon principle contended sovereign power resides state governments honorable gentleman said truly subordinate sovereignty position sovereignty resides people parted dispensed portions power conceived necessary public welfare id statement specifically address sovereign immunity expressed major premise later become justice wilson position chisholm people sovereign sovereign immunity applicability canvass spectrum opinion expressed ratifying conventions one thing certain one espousing indefeasible natural law view sovereign immunity controversy enforceability state debts subject state law produced emphatic support sovereign immunity eminences great madison marshall neither indicated adherence immunity conception outside common law close ratification debates issue sovereign immunity article iii definitively resolved instances indeterminacy led ratification conventions respond ways point range thinking doctrine several state ratifying conventions proposed amendments issued declarations exempted subjection suit federal new york convention statement ratification included series declarations framed proposed amendments among one stating judicial power cases state may party extend criminal prosecutions authorize suit person state elliot debates whether amendment meant alter clarify article iii ratified uncertain regardless precise intent new york response draft proposed convention shows consensus question state suability let alone underlying theory immunity doctrine rather unclear state affairs seemed advisable stabilize rhode island convention finally ratified june called upon representatives urge passage list amendments list incorporated language identical proposed new york following form declared convention judicial power cases state may party extend criminal prosecutions authorize suit person state remove doubts controversies respecting especially expressed part constitution congress shall directly indirectly either judiciary interfere one liquidating discharging public securities one state even clearly new york proposal amendment appears intended clarify article iii reflecting theory sovereign immunity though without indicating one unlike rhode island proposal hinted clarification article iii virginia north carolina ratifying conventions proposed amendments terms fundamentally altered content article iii virginia convention proposal new article iii omitted entirely language conferring federal jurisdiction controversy state citizens another state see north carolina convention proposed identical amendment see proposals omission suggest conventions virginia north carolina thought subjected citizen suits article iii enacted wished done thus suggestion resolutions article iii drafted fundamentally odds indefeasible natural law sovereignty conception went essence meant state events state ratifying conventions felt need clarification question state suability demonstrates uncertainty surrounded matter even moment ratification uncertainty set stage divergent views expressed chisholm natural law conception sovereign immunity inherent characteristic sovereignty enjoyed broadly accepted time founding one expect find reflected somewhere five opinions delivered chisholm georgia dall yet view appear since bare two years chisholm bill rights added original constitution tenth amendment understood give federal constitutional status state sovereign immunity endue equivalent natural law conception one certain find development mentioned somewhere chisholm writings fact however one opinions espoused natural law view one much mentioned tenth amendment even justice iredell alone among justices thought state sued federal echoed hamilton hinted constitutionally immutable immunity doctrine chisholm presented questions whether state might made defendant suit brought citizen another state whether action assumpsit lie see id questions presented representing chisholm edmund randolph framer attorney general argued necessity federal forum vindicate private rights see id rejected traditional conception sovereignty said sovereignty acknowledged id barrier jurisdiction present constitution produced new order things derives origin immediately people fact assemblages individuals liable process ibid justice wilson took argument sovereignty people vociferously building conception sovereignty already expressed pennsylvania ratifying convention see supra began noting took pregnant silence constitution regarding sovereignty constitution term sovereign totally unknown one place used propriety even place perhaps comported delicacy ordained established constitution might announced sovereign people serenely conscious fact avoided ostentatious declaration dall contrast directness framers delicacy explained uncertain terms georgia sovereign respect federal jurisdiction even diversity case judge know decide upon knowledge citizens georgia acted upon large scale union part people surrender sovereign power state purposes union retained purposes union therefore georgia sovereign state id necessarily reject natural law conception sovereign immunity inherently attached american state justice wilson went identify origin sovereign immunity feudal system said brought england common law norman conquest quoting blackstone formulation doctrine developed england discussed disapproving terms imaginable last position king sovereign jurisdiction branch much extensive principle plan systematic despotism lately formed england prosecuted unwearied assiduity care plan author commentaries introducer least great supporter followed writers later less known doctrines side atlantic implicitly generally received neither examined principles consequences principle human law must prescribed superior principle mean examine suffice present say another principle different nature operations forms judgment basis sound genuine jurisprudence laws derived pure source equality justice must founded consent whose obedience require sovereign traced source must found man id rousing conclusion revolutionary ideology rhetoric justice wilson left doubt thought doctrine sovereign immunity entirely anomalous american republic although speak specifically state immunity courts view necessarily requires immunity justifiable tenet absolutist natural law chief justice jay took less vehement tone opinion denied applicability doctrine sovereign immunity explained doctrine incident european feudalism id said contrast ideas obtain revolution sovereignty devolved people truly sovereigns country sovereigns without subjects unless african slaves among us may called none govern citizens america equal fellow citizens joint tenants sovereignty id difference sovereignty princes people chief justice jay argued followed state might sued state sued another state agreed federal people one state sued people incompatible people state sued one citizen one hundred thousand perceive process cases alike consequences judgment alike id finally chief justice jay pointed article iii authorized suits state citizens another state although chief justice reserved judgment whether might sued citizen given courts must rely executive implement decisions made clear reservation practical theoretical wish state society far improved science government advanced degree perfection whole nation peaceable course law compelled justice sued individual citizens id although chief justice jay speak specifically question state sovereign immunity state theory shows considered people collectively sovereign thus reason think denied people nation override state claim sovereign immunity matter committed nation justice cushing opinion relied express language article iii hold georgia might sued federal dealt shortly objection sovereignty thereby restricted reduced corporations corporations whatever corporations bodies politic question powers id observing constitution limits powers numerous ways concluded argument force taken sovereignty abridged thought necessary greater indispensable good whole ibid opinion possible tell certainty justice cushing thought state sovereign immunity state although introductory remark suggestive case wrote turns upon law practice england although perhaps may measure elucidated thereby upon law country whatever upon constitution established people id clear sympathy view sovereign immunity inherent statehood untouchable national legislative authority justice blair like justice cushing relied article iii brief opinion shows acknowledged state sovereign immunity immunity state first justice blair asked hypothetically whether verdict plaintiff preclusive plaintiff renew suit state mode may permit sued courts id second commented need require plaintiff proceed way petition sovereigns sued courts method may established respectful form demand sovereignty exemption suit sovereign courts follows state adopting constitution agreed amenable judicial power respect given right sovereignty ibid worth noting justice blair petition brought state properly called suit reflects contemporary practice native virginia seen supra suits right state authorized statute justice blair called sovereignty exemption suit sovereign courts assumed courts sovereign naturally permit sued right justice iredell member hold suit lie discussion reasoning cautious core assume waiver state sovereign immunity congress expressly passed waiver see dissenting opinion although justice iredell added clearly identified dictum strongly construction constitution admit circumstances compulsive suit state recovery money ibid made equally clear understood sovereign immunity doctrine passed independence part common law england appears reference subject part prescribes remedies crown every state union every instance sovereignty delegated consider compleatly sovereign respect powers surrendered sovereign powers government actually surrendered state union sovereign powers reserved must necessarily claim authority surrendered course part surrenderred must remain id mean course delegated congress power subject suit merely delegation necessary justice iredell view sum chisholm two justices jay wilson present constitutional convention took position suggesting enjoy sovereign immunity however conceived even courts one cushing essentially silent issue sovereign immunity state one blair took cautious position affirming pragmatic view sovereign immunity continuing common law doctrine permit suit right one iredell expressly thought state sovereign immunity rightly belonged sovereign single justice suggested sovereign immunity inherent indefeasible right statehood neither counsel georgia circuit see supra justice iredell seems even conceived possibility new tenth amendment produced equivalent doctrine dearth support makes implausible today argue substantial let alone dominant body thought time framing understood sovereign immunity inherent right statehood adopted confirmed tenth amendment discomfort evident obvious recognition natural law tenth amendment conception state sovereign immunity insupportable chisholm stands hence attempt discount chisholm opinions enterprise believe fails citing hans louisiana says eleventh amendment overruled chisholm ante animadversion beside point significance chisholm indication generally assumed indeed hardly assumed state sovereign immunity suit courts inherent merely advantage contrary testimony five eminent legal minds day confirmed virtually everyone understood immunity legitimate saw prerogative follows subject abrogation congress matter within congress article authority better trio arguments undercut chisholm legitimacy chisholm majority failed address either practice understanding prevailed time constitution adopted ante majority suspected decision unpopular surprising ibid two members majority acknowledged might well remain immune suit despite article iii ante three claims course go question whether state sovereign immunity understood fundamental inherent case none convincing respect first justice blair fact expressly refer practice state sovereign immunity state acknowledged petition right appropriate normal practice aside legitimate point show chisholm majority took insufficient account body practice somehow indicated widely held absolutist conception state sovereign immunity untouchable untouched constitution course second point remarkable doctrine hold anticipation unpopularity benchmark constitutional error event evidence proffered merely justice wilson thought prerevolutionary conception sovereignty misguided justice cushing stated axiomatically constitution always amended id chief justice jay noted losing defendant might still come understand sovereign immunity inconsistent republicanism id attorney general randolph admitted position espoused unpopular georgia also another state probably virginia items boil proposition justices knew case ratifying conventions significance sovereign immunity still matter dispute reality detract confirms view framers showed intent recognize sovereign immunity immutably inherent power third objection two justices noted might possess sovereign immunity notwithstanding article iii explained supra chief justice jay thought possibility purely practical legal without implication state immunity federal claims justice cushing little troubled possibility raised wrote necessary consequence must chisholm supra simply suggested textual reading might led different consequence make good claim enactment eleventh amendment retrospectively reestablished view already established time framing though eluding perception one member hence acted restore original constitutional design ante nothing established position espoused georgia effort repudiate debts implausible suggestion contrary merely echoes brio remark seminole tribe chisholm contrary meaning constitution citing principality monaco mississippi fact chisholm conceptual aberration apparent ratification debates several state requests rewrite article iii received view either role sovereign immunity play circumstances case conceptual foundation immunity doctrine odds chisholm reading article iii author relies see ante unanimity among framers immunity exist currie constitution first century surprising realize although much chisholm discussion disapproving saw escape debt cut decision champions every bit vigorous defending interpretation constitution partisans side issue marcus wexler suits diversity opinion sup hist see documentary history supra newspaper articles supporting holding chisholm documentary history supra statement committee delaware senate support holding chisholm federal diversity jurisdiction settled eleventh amendment article iii restored clear enough historical predicate argue fundamental inherent theory sovereign immunity limiting authority elsewhere conferred constitution imported constitution tenth amendment facts otherwise natural law conception state sovereign immunity state courts implicit constitution good authority avail state nothing less mistaken already sustaining state claim today opinion comes closer embodying present majority inherent natural law theory sovereign immunity find written justice holmes kawananakoa polyblank course suggest justice holmes natural law jurist see natural law holmes collected legal papers jurists believe natural law seem na state mind accepts familiar accepted something must accepted kawananakoa gave cogent restatement natural law view sovereign immunity one includes feature omitted hamilton formulation explaining even absolutist version sovereign immunity doctrine actually refutes position today fails realize natural law theory sovereign immunity may invoked sovereign source right upon suit brought justice holmes said expressly sovereign exempt suit formal conception obsolete theory logical practical ground legal right authority makes law right depends kawananakoa supra cited authorities stand line today purports follow hobbes bodin sir john eliot baldus de ubaldis hobbes cited work said sovereign commonwealth assembly one man subject civil laws power make repeal laws may pleaseth free subjection repealing laws trouble making new consequently free free free possible person bound bind release therefore bound bound leviathan ch jean bodin produced similar explanation nearly century hobbes see bodin les six livres de la republique bk ch six books commonwealth tooley transl sovereign way subject commands another makes law eliot cited baldus crux theory majesty fulness power subject noe necessitie limitted within rules publicke law eliot de jure maiestatis political treatise government grosart ed baldus made point observing one bound statute necessity see commentary baldus statute digna vox justinian code lectura super codice folio chapter de legibus et constitutionibus venice ed nemo suo statuto ligatur necessitative jurists believe natural law might reproved justice holmes general skepticism intrinsic value views faulted seeing consequence position sovereign source law applied sovereign immunity applicability justice holmes indeed explained case multiple sovereignties subordinate sovereign immune source right action sovereign dominant see kawananakoa district columbia immune private suit private rights created controlled congress legislature district since law case proceeds national source whose laws authorized article binding state courts sovereign immunity defense garcia san antonio metropolitan transit authority justice holmes logically impeccable theory yields clear conclusion even system fundamental state sovereign immunity state subject suit eo nomine courts federal claim escape trap holmes logic save recourse argument doctrine sovereign immunity rationally necessary inherent immunity civilians historically contingent degree illogical immunity common law admits source sovereign immunity common law must also admit doctrine changed congress acting commerce clause say way turn either case clear alden suit go forward ii rationale today holding based conception sovereign immunity somehow fundamental sovereignty inherent statehood fails lack substantial support conception thinking founding era counted yet however second line argument looking reception natural law conception even recognition background principle see seminole tribe structural basis constitution creation federal system immunity says inheres system federalism established constitution ante contours determined founders understanding principles limitations derived natural law ante look essential principles federalism special role state courts constitutional design ante believes federal constitutional structure necessitates recognition degree state autonomy broad enough include sovereign immunity suit state courts regardless federal source claim asserted state one read federal structure rationale isolation preceding portions opinion appear position state sovereign immunity might rested entirely federalism alone however still dissent argument state sovereign immunity federal questions inherent concept federal structure demonstrably mistaken national constitution formally finally repudiated received political wisdom system multiple sovereignties constituted great solecism imperium imperio cf bailyn ideological origins american revolution atom sovereignty split term limits thornton kennedy concurring general scheme delegated sovereignty two component governments federal system clear succinctly stated chief justice marshall america powers sovereignty divided government union sovereign respect objects committed neither sovereign respect objects committed mcculloch maryland wheat hence flaw appeal federalism state maine sovereign respect national objective flsa authority promulgated flsa right action case depends authority acting congress whose legislative power article constitution extend flsa coverage state employees already decided see garcia san antonio metropolitan transit authority contested argued state maine creates system authority decide sorts claims may entertained thus effect control right action case maine created state courts general jurisdiction done supremacy clause constitution art vi cl requires state courts enforce federal law judges bound requires maine courts entertain federal cause action maine advanced valid excuse howlett rose quoting douglas new york courts refusal hear claims maine defendant sovereign immunity excuse simply state sovereign respect subject claim insistence federal structure bars congress making susceptible suit courts plain mistake symptomatic weakness structural notion proffered seeks buttress argument relying dignity respect afforded state immunity designed protect ante quoting idaho coeur tribe idaho invoking many demands state fisc ante apparently beguiled gilded era language describing private suits neither becoming convenient ante quoting ayers calls immunity private suits central sovereign dignity ante assumes dignity quality easily translated person king participatory abstraction republican state see ante ongressional power authorize private suits nonconsenting courts offensive state sovereignty thoroughly anomalous character appeal dignity obvious reading blackstone description royal dignity sets premise discussion sovereignty first royal dignity every monarchical establishment necessary distinguish prince subjects law therefore ascribes king certain attributes great transcendent nature people led consider light superior pay awful respect may enable greater ease carry business government understand royal dignity several branches proceed examine blackstone hard imagine anything inimical republican conception rests understanding citizens precisely government actions governed law like whatever justification may american government immunity private suit dignity see lee equally puzzling hear say federal power authorize private suits money damages place unwarranted strain ability govern accordance citizens ante long citizens expressed state legislation violate valid federal law strain felt extent state action violate federal law citizens already trumps citizens state strain expected necessarily intended least persuade observing important needs judgment creditor compete public money ante judgment creditor question dunning collector citizen whose federal rights violated constitutional structure stints enforcing federal rights abundance delicacy toward substituted politesse place respect rule law iii neither theory structure supply basis conceptions sovereign immunity federalism perhaps history might apparently believes state courts historically entertained commerce claims innovation carries presumption unconstitutionality see ante arguing absence statutes authorizing suits state suggests assumed absence power outset noted approach assumes cohesive record history affords hilton south carolina public railways kennedy case labors mightily distinguish see ante held railroad sued state federal employers liability act notwithstanding lack express congressional statement eleventh amendment apply state courts hilton supra quoting michigan dept state police even record less unkempt problem arguing historical practice case past practice even unbroken provides basis demanding preservation conditions practice depended changed constitutionally relevant way one time though perhaps framing believed congress authority regulate commerce clause limited certain underlying elements political sovereignty deemed essential separate independent existence see garcia quoting lane county oregon wall belief preordained balance state federal sovereignty understood trump terms article preclude congress subjecting federal law certain subjects time time wage hour regulation counted among subjects see infra consequence rare unknown state courts confront situation federal law enacted commerce clause provided authority private right action state state question state immunity commerce suit state thus tended arise simple reason acts congress authorizing suits exist today however light garcia supra overruling national league cities usery law settled federal legislation enacted commerce clause may bind without satisfy test undue incursion state sovereignty fundamental limitation constitutional scheme imposes commerce clause protect one process rather one result garcia supra commerce power longer thought circumscribed dearth prior private federal claims entertained state courts tell us anything reflects nothing earlier less expansive application commerce power least point suggest framers surprised find subjected suit courts commerce power suit must prohibited constitution see ante arguing basis historical record constitution adopted understood allow suit state federal law framers intentions expectations count far point meaning constitution text fair implications structure hover instrument veto application principles world framers anticipated framers surprised see subjected suit courts commerce power astonished reach congress commerce clause generally proliferation government state federal amaze framers administrative state reams regulations leave rubbing eyes framers surprise say flsa federal communications commission federal reserve board threat constitutionality one fundamental reason hen dealing words also constituent act like constitution must realize called life development foreseen completely gifted begetters enough realize hope created organism taken century cost successors much sweat blood prove created nation case us must considered light whole experience merely said hundred years ago missouri holland holmes must never forget said chief justice marshall mcculloch constitution expounding since repeatedly sustained exercise power congress various clauses instrument objects fathers dreamed olmstead brandeis dissenting iv today decision occasions regret anomalous versions history federal theory regrettable second time suddenly changed course prior decision order limit exercise authority subject concededly within article jurisdiction congress flsa requires employers pay minimum wage first enacted exemption acting employers see maryland wirtz amended remove state employer exemption far concerned workers hospitals institutions schools see id wirtz upheld amendment dissent argument extending flsa state employees serious invasion state sovereignty protected tenth amendment consistent constitutional federalism id opinion douglas congress amended flsa time extend ing minimum wage maximum hour provisions almost public employees employed various political subdivisions national league cities time went way national league cities held extension act employees unconstitutional infringement state sovereignty id good measure overturned wirtz dismissing reasoning longer authoritative see national league cities last word garcia decided nine years later addressed question whether municipally owned system exempt flsa holding overruled national league cities see time taking position congress barred constitution binding employers commerce clause id already mentioned held whatever protection constitution afforded sovereignty lay constitutional structure substantive guarantee ibid garcia remains good law reasoning repudiated challenged flsa however fared well practice theory seminole tribe created significant impediment statute practical application rendering damages provisions unenforceable private suit federal today decision blocking private actions state courts makes barrier individual enforcement total one might respond charge practice vitiated garcia insisting counsel maine argued brief respondent may bring suit federal state damages flsa authority texas see also seminole tribe true course flsa authorize secretary labor file suit seeking damages see unless congress plans significant expansion national goverment litigating forces provide lawyer whenever private litigation barred today decision seminole tribe allusion enforcement private rights national government probably much whimsy facing reality congress specifically found long ago enforcement capability secretary labor alone sufficient provide redress even substantial portion situations compliance forthcoming voluntarily one hopes voluntary compliance prove popular maine reason today suspect enforcement secretary labor alone likely prove adequate assure compliance federal law multifarious circumstances million employees union point difficulties enforcement drive decision simply congress created private right damages implausible claim enforcement public authority without incentive beyond general enforcement power ever afford private right traditionally adequate remedy one think remedy adequate private tort claims state brought national government tradition private enforcement old common law benchmark wage claims lineage private enforcement ancient claim flsa claim wages due work performed denying private enforcement flsa claim thus par closing courthouse door state tort victims unaccompanied lawyer washington much irony profession grounds opinion deeply rooted historical tradition sovereign immunity abandons principle nearly inveterate much closer hearts framers right must remedy lord chief justice holt state unquestioned proposition already ashby white mod eng act parliament made benefit person hindered another benefit necessary consequence law shall action current books ibid citation omitted blackstone considered general indisputable rule legal right also legal remedy suit action law whenever right invaded blackstone generation framers thought principle crucial several put constitutions chief justice marshall asked marbury right right violated laws country afford remedy marbury madison cranch question rhetorical answer clear essence civil liberty certainly consists right every individual claim protection laws whenever receives injury one first duties government afford protection great britain king sued respectful form petition never fails comply judgment id yet today qualms saying frankly federal right damages afforded congress flsa create concomitant private remedy right made benefit petitioners hindered another benefit despite long understood necessary consequence law action cf ashby supra eng respond remedy never available right question sovereign state sovereign federal claim pressed even english sovereign opened recovery unlike maine provided remedy complement right americans founding generation clear chief justice marshall king right democratically chosen government less chief justice contemporaries might well reacted decision today words spoken edmund randolph responding objection jurisdiction chisholm framers must viewed human rights essence mere form swung back forth regrettable disruption enforceability flsa present majority defensible position one least accept decision expectation stability ahead expectation na resemblance today state sovereign immunity lochner era industrial due process striking began century imputing immutable constitutional status conception economic never true industrial life grew insistently fictional years chosen close century conferring like status conception state sovereign immunity true neither history structure constitution expect late essay immunity doctrine prove equal earlier experiment one unrealistic indefensible probably fleeting footnotes inexplicably protests right trial jury prohibition unreasonable searches seizures derive common law ante nonetheless indefeasible imagine thought relevant argument rights constitutional precisely enacted sixth fourth amendments respectively general prerogative sovereign immunity appears nowhere constitution point rights enacted constitution universally thought defeasible statute assuming put forward theory fundamental aspect newly derived conception necessarily comprehended tenth amendment guarantee result logic independent intention framers argue know reason suppose every legal advantage state might enjoyed common law assumed inherent attribute sovereignties constitutionalized wholesale tenth amendment ninth amendment constitutionalized individual rights bracton earliest source immunity king explanation essentially practical si autem ab eo petatur cum breve non currat contra ipsum locus erit supplicationi quod factum suum corrigat et emendet justice asked since writ runs opportunity petition correct amend act bracton de legibus et consuetudinibus angliae woodbine thorne transl london folio bk ch fact writ ran king peculiar privilege feudal lord sued holdsworth history english law ed compelled answer true every petty lord every petty manor happens world may say accident see nevada hall quoting pollock maitland history english law ed view immunity came blackstone cited finch view king must petitioned sued see finch law discourse thereof four books ed reprinted place action king petition must made unto chancery parliament action ever lie ing common law party driven petition footnotes omitted blackstone explain infra page conception sovereign immunity differed version understood immunity derived fact sovereign font law bind dispute indeed insist england version existed beside point protest king sued french law courts see ante naturally since conception couched terms font law said note surprising say doubtful whether king regarded font traditions customs formed substance common law ibid although bracton said law makes king bracton also said unwritten law england properly called law extent authority king prince first added thereto id spoke english laws customs authority kings id judges announced common law sat place king id practice common law certainly derived thus least part custom king custom england becomes common law pollock maitland supra blackstone probably remarked natural law theory produced result consonant common law blackstone see infra page original quoted passage see pufendorf de jure naturae et gentium libri octo ed reprinted modern translation see pufendorf de jure naturae et gentium libri octo transl oldfather hereinafter pufendorf elsewhere chapter pufendorf expressly derives impossibility enforcing king promises natural law theory therefore since king enjoys natural liberty discovered fault pact making authority serve notice upon party refuses obligated reason fault secure party pact release thing namely pact nature incapable producing obligation right id says call approach natural law apparent attempt disparage ante object however call names show majority wrong illuminating explain conceptual tradition today majority draws one traced opinion origins roman sources call conception natural law view sovereign immunity despite historical ambiguities associated term expression figures pufendorf hobbes locke doctrine sovereign might sued associated concept sovereignty derived natural law see pufendorf hobbes leviathan part chs great books western world hereinafter leviathan describing sovereignty result surrender individual natural rights single authority locke second treatise civil government gough ed describing political community formed individual consent state nature doctrine sovereign sued subjects might thought medieval civil lawyers belong jus gentium law nations type natural law perhaps original form might understood precept positive written law earliest source conception statement ulpian recorded digest much interpreted medieval jurists princeps legibus solutus est emperor bound statutes see digest justinian mommsen krueger watson transl tierney prince bound laws accursius origins modern state comparative studies society history pennington prince law sovereignty rights western legal tradition reception discussion continental legal tradition related initially emperor also eventually king pope even see conception sovereign immunity developed theoretical model applicable sovereign body thus hobbes begin discussion subject saying sovereign commonwealth assembly one man subject civil laws leviathan ch debate degree different medieval interpreters maxim princeps legibus solutus est understood natural divine law limit prince freedom statutes see tierney supra pennington supra canning political thought baldus de ubaldis better formulation clarified sovereignty resided king parliament dominant view later century see wood creation american republic claims doctrine sovereign immunity universal constitution drafted ratified ante examples connecticut rhode island suggest claim overstated course true preservation without comment colonial suability construed merely waiver sovereign immunity denial principle light silence change status suable bodies tendentious understand relies claim justice iredell statement chisholm georgia dall doubt state particular legislative mode authorizing compulsory suit recovery money state either constitution adopted time judicial act passed ante quoting chisholm supra cases rhode island connecticut demonstrate justice iredell simply wrong occasion say elsewhere assertion historical fact made justice make see seminole tribe florida dissenting opinion seems think overlooked point exceptions imply rule see ante provisions chancery petitions confir immunity enjoyed reason canvassing spectrum state thought practice deny undoubted place sovereign immunity courts examine turns scanty evidence understood sovereign immunity indefeasible civilian natural law sense necessary support position suit virginia common pleas philadelphia county virginia pleaded sovereign immunity natural law terms sheriff excused making return writ attaching virginia goods see nathan virginia dall executive council commonwealth already ordered goods returned event involved immunity one state courts another distinct immunity state courts see nevada hall whether formulation constitutional waiver sovereign immunity affirmative repudiation applicability uncertain broad language opening courts suits apparent desire exceed previously available statutory scheme appear support latter interpretation says founders silence best explained simple fact one even constitution ardent opponents suggested document might strip immunity ante fact stalwart supporter constitution james wilson laid groundwork view pennsylvania convention see infra part true surviving records ratifying conventions suggest much thought given issue suit courts silence tell us framers generation thought prerogative well settled inherent right creation says conventions issue participants minds nature sovereignty always explicitly addressed seminole tribe explained hamilton mind state sovereign immunity respect diversity cases applying state contract law see dissenting opinion intend simply point respect state law main hamilton spoke consistently deriving sovereign immunity natural law model consistent focus state law hamilton almost certainly knew natural law theory sovereign immunity extended rights created sovereign applied claims state either state federal thus claims subjecting suit state turn head concern founding generation article iii might used circumvent immunity ante failed realize even framers like hamilton aimed preserve state sovereign immunity mind state immunity claims federal questions pufendorf discussion sovereign immunity passage quoted blackstone begins modern translation although promises pacts binding upon conscience king upon private citizen nevertheless difference obligation king subjects namely trouble former exact owed subject demurs citizen long remains means within power recover due king pufendorf madison seems overlooked possibility concurrent jurisdiction original jurisdiction state courts says statement wilson startling even today ante hard see startling proposition since federal law may bind state governments state governments sense subordinate national seems forgotten one main reasons constitutional convention necessary articles confederation congress lacked effective capacity bind speaks supremacy clause exist mcculloch maryland wheat never decided correct say views wilson randolph general charles cotesworth pinckney see infra bear weight put upon ante indeed yoke light since intend framers part showing diversity views respect sovereignty sovereign immunity existed several state conventions diversity stands way assumption founding generation understood sovereign immunity natural law sense indefeasibly fundamental statehood finally calls wilson view radical nationalist vision constitutional design ante apparently attempt discount wilson view sovereignty indeed radical deviation older conceptions hardly distanced american mainstream october washington called wilson able candid honest member convention papers george washington confederation series abbot twohig eds wilson alone theory south carolina convention general charles cotesworth pinckney attended philadelphia convention took position never enjoyed individual unfettered sovereignty declaration independence act union particular see elliot debates view declaration sufficiently confutes doctrine individual sovereignty independence several separate independence individual sovereignty several never thought enlightened band patriots framed declaration several even mentioned name part intended impress maxim america freedom independence arose union without neither free independent ibid grand objection made subject action individual still remained several years notwithstanding concurring dissent several time accepting constitution tucker blackstone commentaries notes reference constitution laws federal government commonwealth virginia app tucker specified several conventions massachusetts new hampshire rhode island new york virginia north carolina proposed amendments respect ibid proposed amendments latter four may found elliot debates discussed immediately infra extant published versions proposed amendments massachusetts new hampshire include proposed amendment see elliot debates nine proposed amendments massachusetts doc elliot debates proposed amendments new hampshire doc supra conceivable new york convention intended audience federalist thought sort inherent right sued federal unlikely numerous proposed amendments declared rights uncertain terms see elliot debates people equal natural unalienable right freely peaceably exercise religion trial jury one greatest securities rights free people people right peaceably assemble together whereas proposed amendment regarding suits simply stated judicial power extend authorize suit person state said nothing rights inherent otherwise says evidence proposed amendments directed toward question sovereign immunity reflect understanding subject private suits without consent article iii drafted ante evidence except proposed amendments omitted diversity clause proposed omission evidence going sovereign immunity private suits one wonders satisfy case first brought federal circuit district georgia justice iredell district judge nathaniel pendleton presided ultimately justice iredell held circuit jurisdiction case congress conferred jurisdiction see documentary history pp marcus ed georgia maintained free sovreign independent state drawn compelled time past hath accustomed drawn compelled answer said state georgia justices federal circuit district georgia justices law equity whatever plea jurisdiction id chisholm demurred plea apparent ground plea alleged georgia compelled appear article iii expressly declared federal judicial power extended controversies state citizens another state demurrer id unreported opinion justice iredell dispensed demurrer first stated plea sufficiently alleged district lacked jurisdiction id added case existence congress constitutional authority create courts hear controversies state citizens another state mean congress fact created courts id third justice iredell pointed right create courts cases state party mean congress confer jurisdiction cases like one bar word controversies article iii might refer situations controversies formerly maintained state since jurisdiction particular state sovereigns may liable instances others england property possession crown affected adverse process tho certainly king sued recovery sum money ibid appeared justice iredell conditions article iii authorize suits framer signer justice wilson hinted private view citizens conferred sovereignty sense absolute authority upon state governments retained rights ccording writers every state governs without dependence another power sovereign state whether regard citizens case state georgia whether citizens done individuals england said late instructors done surrendered power state government reserved nothing whether like people citizens georgia reserved power hands power made state dependent instead sovereign questions judge cause neither know suggest proper answers though citizen union know interested know satisfactory answers given chisholm dall citation omitted basis dictum may found earlier opinion justice iredell explained uncertain whether article iii extension federal judicial power cases state citizens another state construed intending merely transfer jurisdiction one tribunal another authorizing legislature provide laws decision possible controversies state may involved individual without regard prior exemption id justice iredell seems believed article iii authorized former words framers intended permit article iii jurisdiction suits state existing also hear claim justice iredell view state courts nowhere hear suits state time ratification see id followed article iii probably authorize suits justice iredell reasoning must said differed markedly reasoning adopts today justice iredell believed simply clause article iii extending jurisdiction controversies state citizens another state confer extra authority congress found elsewhere constitution conceive constitutional provision authorizing congress create private right action state concluded none exist today course established commerce power authorizes congress create private rights see garcia san antonio metropolitan transit authority today takes altogether different tack arguing state immunity suit state inherent right preserved tenth amendment whatever justice iredell might thought argument gets support opinion makes matters worse two new york maryland voluntarily subjected suit around time chisholm see marcus wexler suits diversity opinion sup hist february term chisholm maryland entered plea probably merits van staphorst maryland see sup ct suit brought foreign citizen debts owed state settled suit avoid establishment adverse precedent immunity see id oswald new york action commenced chisholm continued new york initially objected jurisdiction see sup ct suit tried jury new york lost paid full jury verdict state treasury id thinks justice iredell adversion state practice gives reason think see ante espite opinion justice iredell majority failed address even justice iredell right state practice failure respond specific argument raised another justice opposed counsel even less significance respect early opinion today justices may afforded one another opportunity read opinions announced see goebel oliver wendell holmes devise history antecedents beginnings hints may conference justice arrived conclusion independently without knowing brethren decided indeed since opinions given orally documentary history supra possible opinion reported dallas followed document prepared wilson oral announcement opinion ibid see also id case possible justices never heard certain arguments publication circumlocution another state whose must always dear chisholm hints randolph home state seems odd suggest randolph acknowledgment unpopularity position two somehow support thought view incorrect randolph urged position virginia ratifying convention see supra knew perfectly well virginia ratified full knowledge position might law interesting note case argued pennsylvania counsel commonwealth urged version point makes said language amendment indeed import alteration constitution authoritative declaration true construction respublica cobbet dall expressly repudiated historical component claim opinion chief justice judicial law judiciary act passed opinion prevailed might sued amendment settled otherwise id might perhaps respond role state sovereign immunity subject universal consensus enactment eleventh amendment brought doctrine constitutional realm strongest form view must maintain notwithstanding amendment silence regarding state courts exclusive focus federal judicial power motivation framers eleventh amendment must affirmatively embrace position enjoyed immunity suit previously enjoyed crown account framers eleventh amendment said nothing sovereign immunity state never occurred immunity questioned thought possibility considered absurd immune federal subjected suit courts first trouble view assumes eleventh amendment intended reach federal law suits arising diversity jurisdiction framers eleventh amendment mind diversity cases prepared concede seminole tribe see text dealt terms problem presented decision chisholm seems unlikely much thought given prospect jurisdiction might plausibly follow framers amendment assumed possessed sovereign immunity courts respect state law certainly follow amendment authors thought enjoyed immunity state questions federal law accept require one believe framers eleventh amendment blind extremely anomalous application sovereign immunity state immune even font law sued cf infra today may labor misapprehension sovereign immunity apply sovereign font law adduces evidence suggest framers eleventh amendment held view framers much closer theory sovereign immunity according font law may subject suit law leaves position supporting view eleventh amendment means historical assertion framers must intended mean temptation look natural law conception shown occasionally justice holmes appointment goes back least beers arkansas chief justice taney wrote established principle jurisprudence civilized nations sovereign sued courts without consent permission id nothing turned pronouncement outcome case sovereign immunity understood property nichols wall justice davis wrote government inherent right protect suits principle fundamental applies every sovereign power id description came dicta origin immunity bearing decision justice bradley quoted hamilton chief justice taney hans louisiana nothing depended natural law approach main opinion whatever demerits see seminole tribe supra souter dissenting understood state sovereign immunity concept see hans supra suability state without consent thing unknown law seminole tribe may possibly intended hint natural law background sovereign immunity said approvingly decision hans found roots solely common law england much fundamental jurisprudence civilized nations seminole tribe supra quoting hans supra turn quoting beers arkansas supra occasional seduction natural law view however obscure basic adherence approach lee explained doctrine derived laws practices english ancestors id added approvingly petition right efficient securing rights suitors crown cases appropriate judicial proceedings law affords subjects king legal controversies among ibid went notice common law one reason given sovereign immunity absurdity king writ running king id recognizing distinct situation admitted candidly difficult see solid foundation principle exemption liability suit rests ibid even dissent discussed great detail heritage doctrine see id opinion gray authority view parliament sovereignty must indivisible already eroded decade independence iredell early rejected applicability theory case several distinct independent legislatures engaged within separate scale employed different objects course arguing possibility kind relationship colonies king iredell address inhabitants great britain mcree life correspondence james iredell reprinted see bailyn ideological origins american revolution entirely consistent indeed corollary statement quoted subject within respective spheres general authority general authority subject within sphere ante quoting federalist madison point matters subject federal law within federal sphere subject general authority matters concerned therefore sheer circularity talk anomaly ante arise state sued federal law courts may sued federal law federal seminole tribe supra short sufficient answer anomaly creation eleventh amendment never intended bar suits federal anomaly seminole tribe opinion purportedly grounded eleventh amendment used lever argue state sovereign immunity state courts eleventh amendment terms apply perhaps corollary view sovereign immunity degree indefeasible fundamental frets power press state courts federal service coerce branches state power first turn state ultimately commandeer entire political machinery state behest individuals ante forget doctrine separation powers prevails republic state judiciary enforces federal law state officials supremacy clause requires turning state executive turn federal executive apply federal law simply upholding rule law commandeering state resources state asked enforce federal law furthermore idea dignity also imply state subject outside law surely ironic one loci classici roman law regarding imperial prerogative begins known assertion appropriate emperor dignity acknowledge readings least claim bound laws see digna vox justinian code digna vox maiestate regnantis legis alligatum se principem profiteri statement worthy majesty ruler prince profess bound laws see pennington prince law also claims subjecting suit puts power hands state courts state may wish assign legislature thus assigning state judiciary role foreign experience beyond competence ante comes perilously close legitimizing political defiance valid federal law discussion hilton attempts explain away state failure raise sovereign immunity defense acknowledging candidly case decided may appeared state congress power abrogate immunity suit limited constitution ante reasoning hilton suggests appeared state also congress abrogate state sovereign immunity state congress jurisdiction case never even hinted constitutional structure much less tenth amendment might bar suit even though dissent stressed principle federalism underlying eleventh amendment pervades constitutional structure opinion poindexter greenhow one virginia coupon cases fit comfortably assumption state courts exercised disputed jurisdiction governments federal questions funding act virginia issued bonds specified face attached coupons receivable maturity taxes debts dues demands due state id however virginia passed law requiring tax collectors accept nothing gold silver currency payment taxes id bonds reached maturity poindexter used pay state property taxes greenhow local tax collector ignored payment took possession office desk poindexter possession sell unpaid taxes poindexter brought action detinue tax collector state recovery desk arguing later virginia statute barring use coupons violated contracts clause greenhow defended inter alia theory suit substantially action state virginia assented id rejected claim applying state virginia reasoning akin though broader later adopted ex parte young held state legislative action unconstitutional word deed state mere wrong trespass individual persons falsely speak act name original bonds binding contracts obligation virginia constitutionally impair true real commonwealth contracted obligation incapable law anything derogation id therefore argued tax collector acting behalf state state virginia done none things defence charges defendant error officer agent representative matter complained acted without authority contrary express commands ibid although tax collector done nothing collect taxes duly enacted state law held liable suit thus case come specifically involving claim state sovereign immunity constitutional magnitude state jurisdiction upheld garcia demonstrates contra suggestion flsa impermissibly act upon see ante rather flsa enacted lawfully pursuant commerce power treats like employers seems misunderstood hamilton statement federalist citizens proper objects government ante quoting printz hamilton point seems think national government dictate nothing order protect residual sovereignty contrary hamilton arguing extreme respect state sovereignty articles confederation meant precisely national government act leader league federalist cooke ed mediating among several sovereignties national government ibid power produce obedience coercion magistracy ibid hamilton therefore wrong person quote proposition national government may act upon since point national government limited acting medium recent available data give total number employees union see state government employment data march http principle even older respect rights created statute like flsa rights damages lord holt fact argued principle context statutory rights applied common law rights well see ashby white eng case act parliament shall common law sure common law forcible act parliament still older formulation statutory right appears note coke reports hen thing prohibited act although act doth give action yet action lieth upon coke institutes yield similar statement act doth prohibit wrong vexation though action particularly named act yet party grieved shall action grounded upon statute coke second part institutes laws england reprinted historical writngs law jurisprudence case course statute expressly gives action see declaration rights fundamental rules delaware state sources documents constitutions md const art xvii id mass const art xi id const art xii cl id const art xi id unfortunately despite professed unwilling ness assume refuse honor constitution obey binding laws ante presumption sovereign intention follow laws managed somehow disappear intervening two centuries despite general trend toward greater lesser government accountability anyone inclined toward economic theories history may look development sovereign immunity doctrine country see driven great recurrent question state debt aftermath chisholm last quarter century see seminole tribe souter dissenting matter one may think quality legal doctrine problem state debt helped produce one least argue periodic attempts repudiate debts purely egregiously lawless held bonds may well valued purchased knowledge default real possibility maine refusal follow federal law case us however different order far defaulting debt creditors maine simply withholding damages private citizens appear due seminole tribe decided petitioners beneficiaries district ruling effect entitled coverage hence amount damages flsa mills maine supp us maine claimed petitioners covered flsa protected suit indeed maine acknowledges may sued federal damages claim brief respondent told maine pays employees like petitioners overtime covered flsa id state maine rendered case unnecessary paying damages petitioners flsa free remains unclear says conceded state altered conduct compliance federal law questioned ante ambiguous qualifier allows avoid fact whatever compliance state still paid damages petitioners done case us moot