Editor’s note: This is a regular feature on issues related to the Constitution and civics education written by Paul G. Summers, retired judge and state attorney general.

The U.S. Constitution, ratified in 1789, is our supreme law. The first 10 amendments, or Bill of Rights, were ratified in December 1791. The 11th Amendment was ratified four years later. When I served as attorney general of Tennessee, I dealt with the jurisdictional issues of the federal courts regularly.

Seldom is it an easy question. Interpretations by our Supreme Court evolve as the country grows; populations increase; government influences multiply; and bureaucracies proliferate.

With the 11th Amendment, we address the access citizens have when suing a state in federal court.

Amendment XI states: “

“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.”

Let’s discuss ‘sovereign immunity’ and waivers

The11th Amendment prohibits the federal courts from hearing certain kinds of civil suits against states. It has also been interpreted to mean that the state courts do not have to hear certain kinds of civil suits if they are based on federal law.

The Supreme Court had ruled that the states did not have sovereign immunity, or freedom from being sued. The states could be sued by citizens of another state. After the amendment, states escaped liability exposure against suits brought by citizens of other states.

The 11th Amendment basically overruled the Court’s 1793 decision in Chisholm v. Georgia. The amendment also prohibits a federal suit against a state by “citizens or subjects of any foreign (country).”

Federal and state governments are frequently at odds as they navigate the 10th Amendment

This amendment does not affect the daily lives of most citizens. Its effect is primarily focused on state or national jurisdiction. Now the Supreme Court has found that if a state consents, it can be sued by its own citizen/s. A citizen of another state or a foreign citizen cannot sue a state in federal court.

Of course, there are several exceptions to the sovereign immunity of a state under the 11th Amendment. The most notable of which is waiver. The state has to clearly waive its right to sovereign immunity before this exception takes effect.

Next column is relevant to the presidential election

We shall continue our study of the Constitution in the next article about Amendment No. 12, ratified by the States in 1804. This amendment is particularly relevant since this is a presidential election year.

The 12th Amendment changed the way the president and vice president are elected to the offices. Before the amendment, the electors from each state voted for two persons. The person who had the highest number of electoral votes became the president. The next highest was the vice president.

That all changed in 1804 with the 12th Amendment. The question now was can a presidential candidate and a vice presidential candidate on the same ticket both be from the same state? We will discuss that in the next column.

We encourage all readers to comment on these articles. These are the opinions of the author. You may agree or disagree, but such discussion is healthy from an academic standpoint. We encourage our readers to give us their opinions.

Paul G. Summers, a lawyer, is a former appellate and senior judge, district attorney general, and the attorney general of Tennessee. Raised in Fayette County, Judge Summers resides in Nashville and Holladay. 6-28-2024

This article originally appeared on Nashville Tennessean: Civics education: 11th Amendment overturned a Supreme Court ruling