State Sovereignty and the Eleventh Amendment in the U.S. Supreme Court: The 1988 Term

Abstract

During its 1988 term, the U.S. Supreme Court addressed two important aspects of the Eleventh Amendment, which generally protects statesfrom being sued infederal courts. First, the Court held that the Congress has power to abrogate states' immunityfrom suit-to subject states to suits infederal courts for damages-under Congress' expansive commerce-clause power. Second, the Court made clear that such abrogation would be found only where the text of the statute itself, as distinct from its legislative history, clearly and specifically so provided. This article describes these decisions, and analyzes some of their implications for judicial federalism.