The conflicts over sovereign immunity date back to our
country's founding when states were concerned about possible
overreaching by a central government. An early Supreme Court
decision in Chisholm v. Georgia, 2 US 419 (1793) rejected
sovereign immunity and held that the federal government
had sovereign immunity but the states did not. Congress quickly
responded with the11th Amendment, which was ratified in
1798, stating:
“The Judicial power of the United States shall not be
construed to extend to any suit in law or equity, commenced or
prosecuted against one of the United States by Citizens of another
State, or by Citizens or Subjects of any Foreign State.”
While there are exceptions to their immunity and states can
waive their immunity, the 11th Amendment remains a
powerful shield for the states. By asserting sovereign immunity,
states can avoid most federal litigation in circumstance where
there has not be an exception or waiver. The application of
sovereign
