Making Sense of the Eleventh Amendment: International Law and State Sovereignty
Thomas H. Lee
Fordham University School of Law
Northwestern University Law Review, Vol. 96, p. 1027, 2001-2002
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.
- Eleventh Amendment to the Constitution of the United States of America
The thesis of this article is that the Eleventh Amendment, ratified in 1798, represented the incorporation into the American domestic constitutional law of federalism (specifically, the doctrine of state sovereign immunity) the late eighteenth-century international law rule that only states have rights against other states on the interstate plane.
Number of Pages in PDF File: 73Accepted Paper Series
Date posted: August 26, 2003
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