Anonymous ID: c20d00 April 24, 2018, 12:26 p.m. No.1171648   🗄️.is 🔗kun   >>1666 >>1719

>>1169102

>CLAS - Sec 11A P 2.2 [important]

Pertains to California.

 

The Eleventh Amendment was drafted and proposed, and quickly ratified into law, which reversed the original decision by the Supreme Court judicial branch. The protection of the State from being sued in a Federal court became known as Sovereign Immunity. Originally, the Eleventh Amendment only barred citizens of other states suing a state in a judicial branch jurisdiction, but it was extended to include residents of the same state as well through the Hans v. Louisiana case.

 

Even though Sovereign Immunity is granted by the Eleventh Amendment, there are four exceptions in which the Supreme Court and Federal judicial branch may hear a lawsuit levied against a state. The Eleventh Amendment does not protect a state's political subdivisions, such as counties, cities, or municipalities, which are all liable to be sued in a Federal judicial branch jurisdiction. Also, under the Eleventh Amendment states have the right to waive their Sovereign Immunity and allow a suit in a Federal court.

 

In certain cases, Congress allows for a state to be sued and heard in a Federal court under the Due Process Clause of the Fourteenth Amendment. The last exception relates to the citizens seeking an injunction against state officials in a Federal court, if they are in violation of a Federal law. The litigation remedy applies strictly to only injunction relief, but not monetary damages that would be furnished by the State's Treasury Department.