Also known as: states' sovereignty · state sovereign · sovereignty
Written by attorneys · grounded in primary & secondary sources — see below
The supreme authority exercised by each state to govern itself. This authority limits federal power to commandeer state officials, to impose unequal burdens on states without extraordinary justification, and to subject nonconsenting states to private damages suits in federal or state court.
Texas officials seek to update online voter registration rules without federal approval. The Department of Justice sues to enforce a statute that singles out Texas and a few other states using 1990s internet data. The court dismisses the enforcement action because the coverage formula lacks current justification tied to voting conditions.
Sarah Sullivan, a state hospital nurse, sues the State of Louisiana in state court for unpaid overtime under the Fair Labor Standards Act. Louisiana moves to dismiss on sovereign immunity grounds. The court grants the motion because Congress lacked authority under Article I to subject the state to private damages actions without consent.
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Santiago Sanchez, an Indiana resident, files a federal damages action against the State of Indiana for workplace injuries under a commerce-based safety statute. Indiana moves to dismiss. The court grants the motion because the Eleventh Amendment bars suits by a state's own citizens absent consent or valid abrogation.
The Red River Tribe sues the State of Danton in federal court for unpaid compact revenues under a statute enacted pursuant to the Indian Commerce Clause. Danton moves to dismiss asserting immunity. The court grants the motion because Article I powers cannot abrogate Eleventh Amendment immunity.
Samuel Soto is prosecuted in federal court for possessing a firearm near a local high school under a nationwide statute. He moves to dismiss arguing the activity is purely local. The court dismisses the indictment because the statute exceeds federal power and intrudes on traditional state authority over education.
Maryland imposes a tax on notes issued by the Second Bank of the United States operating within the state. The bank refuses payment and sues. The court invalidates the tax because it interferes with a federal instrumentality and undermines the state's retained sovereignty within the federal structure.
No. Valid abrogation requires reliance on the enforcement power of the Fourteenth Amendment. Statutes grounded solely in the Commerce Clause or Indian Commerce Clause cannot override Eleventh Amendment immunity in federal court.
Yes. When Congress acts under Article I, it cannot subject nonconsenting states to private damages actions in their own courts. This rule preserves the state's immunity from federal claims absent consent.
When it singles out some states using outdated coverage formulas without extraordinary justification tied to current conditions. Reliance on decades-old data fails the test under the Tenth Amendment and Fifteenth Amendment enforcement power.
Yes. The federal government may not direct state officers to administer or enforce federal regulatory programs. Such commands violate the Tenth Amendment even when the underlying subject lies within federal power.
…premise was that the Constitution created a form of government under which "The people, not the government, possess the absolute sovereignty." The structure of the government dispersed power in reflection of the people's distrust of concentrated power, and of power itself at all levels. This form of government was "altogether…