holding that the Eleventh Amendment not only repudiated the Supreme Court's decision in Chisholm v. Georgia, 2 U.S. (2 Dall.) 419, 1 L.Ed. 440 (1793), but restored the original understanding of the persons who drafted the Constitution—in Hamilton's phrase, "the plan of the convention”—that a state could not be sued without its consent
How later courts described this case
- holding that the Eleventh Amendment not only repudiated the Supreme Court's decision in Chisholm v. Georgia, 2 U.S. (2 Dall.) 419, 1 L.Ed. 440 (1793), but restored the original understanding of the persons who drafted the Constitution—in Hamilton's phrase, "the plan of the convention”—that a state could not be sued without its consent
- recognizing that the FDOC is an entity of the State of Florida and “immune from suit for money damages under the Eleventh Amendment”
- holding that federal courts lack jurisdiction over a suit arising under federal law against a State by a citizen of that State
- holding that sovereign immunity barred a federal question suit against a State brought by one of its own citizens, even though the text of the Eleventh Amendment only addresses suits brought by citizens of another State
Written by the judges who cited it.
Later courts went against this
Questioned by Native Village of Noatak v. Hoffman, 872 F.2d 1384 (1989)
The continued vitality of Hans is in question, both by reason of the arguments directed against it and by the actual vote in Welch v. Texas Dept. of Highways, 483 U.S. 468, 107 S.Ct. 2941, 97 L.Ed.2d 389 (1987).
The opinion
Me, . Justice HablaN
concurring.
I concur with the .court in holding that a suit directly against a State by one of its own citizens is not one to which the judicial power of the United States extends, unless the State itself consents to be sued. Upon this ground alone I assent to the judgment. But I cannot give my assent to many things said in the opinion. The comments made upon the decision in Chisholm v. Georgia do not meet my approval. They are not necessary to the determination of the present case. Besides, I am of opinion that the decision in that case was based upon a sound interpretation of the Constitution as that instrument then was.