Abrogation doctrine
Encyclopedia
The Abrogation doctrine is a constitutional law
doctrine expounding when and how the Congress
may waive a state's sovereign immunity
and subject it to lawsuits to which the state has not consented (i.e., to "abrogate" their immunity to such suits).
In Seminole Tribe v. Florida
, the Supreme Court
ruled that the Congress's authority, under Article One of the United States Constitution
, could not be used to abrogate state sovereign immunity. However, the Congress can authorize lawsuit
s seeking monetary damages against individual U.S. state
s when it acts pursuant to powers delegated to it by amendments subsequent to the Eleventh Amendment
. This is most frequently done pursuant to Section 5 of the Fourteenth Amendment
, which explicitly allows the Congress to enforce its guarantees on the states and thus overrides states' Eleventh Amendment immunity.
The doctrine was first announced by the Supreme Court in a unanimous decision written by then-Associate Justice
William Rehnquist
, Fitzpatrick v. Bitzer
, . Bitzer "continued the line of reasoning that Rehnquist had acknowledged in Fry v. United States ... that cases involving Congress’ authority under Section 5 present different problems than cases involving the Congress’s Commerce Clause
authority." The doctrine has since developed a number of nuances and limitations. In particular, later cases explained that the Court would not infer Congressional intent to abrogate sovereign immunity, but would only uphold abrogations where the Congress has "unequivocally express[ed] its intention to abrogate the Eleventh Amendment bar to suits against states in federal court." In order to do this, the Congress must "mak[e] its intention unmistakably clear in the language of the statute." Atascadero State Hospital v. Scanlon
, .
Another limitation that the courts have read into Congressional power to abrogate is the "congruence and proportionality" test, first discussed in City of Boerne v. Flores
, . Because the Fourteenth Amendment allows Congress to take "appropriate" action to enforce rights, the Court has determined that such action must be congruent and proportional to the deprivation of the right that the Congress is seeking to remedy. An example of a case where an act of the Congress failed the Boerne test is Kimel v. Florida Board of Regents
, . An example where an act passed the Boerne test is Nevada Department of Human Resources v. Hibbs
, .
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
doctrine expounding when and how the Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
may waive a state's sovereign immunity
Sovereign immunity
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
and subject it to lawsuits to which the state has not consented (i.e., to "abrogate" their immunity to such suits).
In Seminole Tribe v. Florida
Seminole Tribe v. Florida
Seminole Tribe of Florida v. Florida, 517 U.S. 44 , was a United States Supreme Court case which held that Article One of the U.S. Constitution did not give the United States Congress the power to abrogate the sovereign immunity of the states that is further protected under the Eleventh Amendment...
, the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled that the Congress's authority, under Article One of the United States Constitution
Article One of the United States Constitution
Article One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government. The Article establishes the powers of and limitations on the Congress, consisting of a House of Representatives composed of Representatives, with each state gaining or...
, could not be used to abrogate state sovereign immunity. However, the Congress can authorize lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
s seeking monetary damages against individual U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s when it acts pursuant to powers delegated to it by amendments subsequent to the Eleventh Amendment
Eleventh Amendment to the United States Constitution
The Eleventh Amendment to the United States Constitution, which was passed by the Congress on March 4, 1794, and was ratified on February 7, 1795, deals with each state's sovereign immunity. This amendment was adopted in order to overrule the U.S. Supreme Court's decision in Chisholm v...
. This is most frequently done pursuant to Section 5 of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
, which explicitly allows the Congress to enforce its guarantees on the states and thus overrides states' Eleventh Amendment immunity.
The doctrine was first announced by the Supreme Court in a unanimous decision written by then-Associate Justice
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
, Fitzpatrick v. Bitzer
Fitzpatrick v. Bitzer
Fitzpatrick v. Bitzer, 427 U.S. 445 , was a United States Supreme Court decision that determined that the U.S. Congress has the power to abrogate the Eleventh Amendment sovereign immunity of the states, if this is done pursuant to its Fourteenth Amendment power to enforce upon the states the...
, . Bitzer "continued the line of reasoning that Rehnquist had acknowledged in Fry v. United States ... that cases involving Congress’ authority under Section 5 present different problems than cases involving the Congress’s Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
authority." The doctrine has since developed a number of nuances and limitations. In particular, later cases explained that the Court would not infer Congressional intent to abrogate sovereign immunity, but would only uphold abrogations where the Congress has "unequivocally express[ed] its intention to abrogate the Eleventh Amendment bar to suits against states in federal court." In order to do this, the Congress must "mak[e] its intention unmistakably clear in the language of the statute." Atascadero State Hospital v. Scanlon
Atascadero State Hospital v. Scanlon
Atascadero State Hospital v. Scanlon, , was a case decided by the Supreme Court of the United States regarding Congress' power to abrogate the sovereign immunity of the states....
, .
Another limitation that the courts have read into Congressional power to abrogate is the "congruence and proportionality" test, first discussed in City of Boerne v. Flores
City of Boerne v. Flores
City of Boerne v. Flores, 521 U.S. 507 , was a Supreme Court case concerning the scope of Congress's enforcement power under the fifth section of the Fourteenth Amendment...
, . Because the Fourteenth Amendment allows Congress to take "appropriate" action to enforce rights, the Court has determined that such action must be congruent and proportional to the deprivation of the right that the Congress is seeking to remedy. An example of a case where an act of the Congress failed the Boerne test is Kimel v. Florida Board of Regents
Kimel v. Florida Board of Regents
Kimel v. Florida Board of Regents, 528 U.S. 62 was a United States Supreme Court case that determined that the Congress's enforcement powers under the Fourteenth Amendment to the Constitution did not extend to the abrogation of state sovereign immunity under the Eleventh Amendment where the...
, . An example where an act passed the Boerne test is Nevada Department of Human Resources v. Hibbs
Nevada Department of Human Resources v. Hibbs
Nevada Department of Human Resources v. Hibbs, 538 U.S. 721 , was a United States Supreme Court case which held that the Family and Medical Leave Act of 1993 was "narrowly targeted" at "sex-based overgeneralization" and was thus a "valid exercise of its power under Section 5 of the Fourteenth...
, .