How to Analyze State Sovereign Immunity under the 11th Amendment on a Constitutional Law Essay

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How to Analyze State Sovereign Immunity under the 11th Amendment on a Constitutional Law Essay
ELEVENTH AMENDMENT: STATE SOVEREIGN IMMUNITY
the 11th Amendment is a jurisdictional bar that prohibits both: (1) the citizens of one state or foreign country from suing another state in FEDERAL court for money damages or equitable relief; AND (2) suits in FEDERAL court against state officials for violations of state law. Additionally, the Supreme Court has expanded the reach of the 11th Amendment to also prohibit citizens from suing their OWN state in federal court (Hans v. Lousiana).
EXCEPTIONS TO THE ELEVENTH AMENDMENT
However, the following are exceptions to the application of the 11th Amendment:
Consent
A state may consent to a suit thereby waiving its 11th Amendment immunity.
Congressional Authorization
Congress may abrogate state sovereign immunity under the 11th Amendment if Congress is clearly and expressly acting pursuant to its power to enforce the guaranteed protections of the 14th Amendment. (Fitzpatrick v. Bitzer).
Injunctive Relief
A state official named as a defendant in an action brought in federal court is not immune under the 11th Amendment when the plaintiff is seeking injunctive relief. The state official may be enjoined from enforcing a state law that violates federal law or may be compelled to act in accordance with federal law despite state law to the contrary.
Outside the State Official’s Representative Capacity
A state official named as a defendant in an action brought in federal court is not immune under the 11th Amendment from claims arising outside the state official’s representative capacity. An action for damages against a state official is not prohibited if the official himself (not the state) will have to pay.
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Опубликовано:

7 авг 2024

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Комментарии : 38

@aaronm2743 3 года назад

Why can my professors never explain anything this easily? You make everything so understandable. Thank you, sir!

@sordidC 5 лет назад

The plain language you use, like Mr. Baez has helped me gain more confidence to even study for the bar exam. When I initially began doing it this way using Feynman technique then diagrama then explaining it simply, my professors kept telling me I was wrong in class and I got laughed at. Then if I answered a question on a test that way...miraculously it was correct. The gaslighting made my grades hover at C and Bminus. But the bar matters. Thank you so much. To anyone watching and not yet graduating, follow this channel or Baez. Keep your head down and don't worry about so much participation unless you're looking for an internship. Know the law. When you pass the bar start your own firm.

@komaljeetkaur7199 3 года назад

Best explanation of the 11th Amendment! My law school never expanded on this, and the Barbri just grazes over it. I would be so confused on when to discuss 11th Amendment or not I would just throw it in my Con Law essays if they talk about justifiability. The only reason I am here and even diving deeper into it is because I have read it multiple model answers and still don't get when and how to analyze it. This video has helped me immensely understand the big picture. I'm still unsure if a city action or a school action would be a state action or not similar to your TX DMV agency example? That is what I need to work on. Thank you for all the visuals and focused lectures. Hopefully I pass this time if not I will definitely be signing for your paid bar prep program as I love your videos/lecture more.

@TheCooopersmith 5 лет назад

These videos are so incredible. If I only had these while I was still in law school...

@Brenda-xv2he 4 года назад

im shook that u haven't posted the rest of the con law videos

@studicata 5 лет назад

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@elizabethcasanas3368 5 лет назад

Thank you for these videos!!!! Sooo helpful!!

@wyattreinke1538 5 лет назад

I'd love if you posted all the Constitutional Law videos.

@Purebredbrute 4 года назад

Fun Fact! I met your wife! Small world! Keep these videos coming, they’re incredibly helpful!

@socalhouses 5 лет назад

Hi. I only see two lectures on Constitutional Law essays. Do you have more that I cannot find or only two?

@christiansantos7164 3 года назад

Thank you!!! Going after the city manager to compel them to do what’s right!

@ginaaliberti2945 2 года назад

Great video, thanks!

@studicata 2 года назад

Glad it was helpful!

@turcorox911 3 года назад

Do more constititutional law vids, please. I'd like vids on equal protection, fundamental rights, and the 1st amendment

@ashgiri94 5 лет назад

Hi Michael, I have been very helped by these videos, and have taken your injunction to study by doing practice essays to heart. My question is: how should one learn the law by doing practice essays if model answers are not available? Thanks.

@studicata 5 лет назад

I'm glad the videos have been helpful for you! You absolutely need some type of explanation or model answer to learn from your mistakes and improve. Your bar review company should provide model answers or explanations for all of your practice essays.

@LindsayLane8 5 лет назад

You're my guardian angel. Bless you!

@mikec9880 5 лет назад

Where could I go to request certain subjects? I was wondering if you were going to cover property at any point. Contracts was very helpful last semester! Thanks man!

@studicata 5 лет назад

No problem, happy to help! If you share your experience using these videos, you can get free access to our upcoming, premium video courses. Visit this link to learn more and get started: bit.ly/successSTORIES

@obimonye6706 5 лет назад

Do you have a video for Property real Property to be specific?

@notsure8800 2 года назад

This is why the people to to establish common law courts with a common law grand jury. Individual vs. individual no corporations..no judges.

@marksman9249 3 года назад

HI Studicata, so if the defendant is a state official and the action is otherwise barred by the 11th amendment, but the state official will be liable personally for the monetary damages then action will NOT be barred am I right?

@rickscott6707 5 лет назад

Waiver on tort. The Bond is the Case Number. The judge is the UNDERWRITER- There is a 1099a attached to those bonds

@SweetCicely 4 года назад

What if the private agency CEO is the state governor. Federal district court is stating the private agency has immunity but how are they bar by Amendment 11th when it’s a private agency? What do I do?

@halaalkattan6373 4 года назад

please add more videos

@bobbyg2241 2 года назад

Hey Michael thx man. I'm in it for my freedom. I don't want to be a slave anymore. Can you point me somewhere. Quasi judicial system is harsh. How do you demand for proof of contract? I know it's under duress. But how do I demand disclosure? Thx. Gotta go back to work 😔

@bobdeal6286 Год назад

Is there examples where a State. Looses immunity. Do States have immunity if they violate civil rights ?

@crackerjax4330 4 года назад

I am reading that you can not consent to jurisdiction. “The parties cannot waive lack of jurisdiction, whether by express consent, or by conduct, or even by estoppel.” Sosna v. Iowa, Jackson v. Ashton. The rule is said to be “graven in stone” and “enforced with draconian zeal. Also Di Frischia v. New York Central R. Co. Price v Greenway and especially Ferguson v Neighborhood Housing Servs. of Cleveland, Inc “where court said in lengthy dictum that while a party cannot consent to jurisdiction, it can admit a fact and that fact creates federal subject-matter jurisdiction.” Similar view is advocated in Marshall, The “Facts” of Federal Subject-Matter Jurisdiction But sounds like consent is a no go.

@studicata 4 года назад

Interesting thought! I think you're confusing subject matter jurisdiction with state sovereign immunity. Litigating parties cannot waive their objection for lack of subject matter jurisdiction under the Federal Rules of Civil Procedure. However, a state may consent to a lawsuit thereby waiving its 11th Amendment immunity. See Gunter v. Atlantic Coast Line R.R., 200 U.S. 273, 284 (1906); Smith v. Reeves, 178 U.S. 436 (1900); Murray v. Wilson Distilling Co., 213 U.S. 151, 172 (1909); Graves v. Texas Co., 298 U.S. 393, 403-04 (1936); Great Northern Life Ins. Co. v. Read, 322 U.S. 47 (1944).

@PGJ326 5 лет назад

Hi Michael, two questions, I have trouble understanding the taxpayer standing, do you have a video for it? and second, do you have a video with a general approach or outline the essay and MPT questions. I am taking Texas bar exam next February. Thanks

@davidmohrmann5922 5 лет назад

Taxpayer standing is relatively straightforward. A taxpayer has standing to (1) dispute the amount he/she owes on a tax bill and (2) can file suit based on the Establishment Clause only (ie tax payers money was issued to a religious entity. Lemon balancing test applies on whether the government's expenditure creates an excessively entangled relationship with the religious institution)

@PGJ326 5 лет назад

@@davidmohrmann5922 thank you so much, you really have a solid course. I would like the Texas exam to be within your courses, the essays are always a bit complicated. I'm sure that with your methods applied to Texas's exam would be an invaluable preparation. ;)