Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank
Encyclopedia
Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, 527 U.S. 627
(1999), was a decision by the Supreme Court of the United States relating to the doctrine of sovereign immunity
.
Florida Prepaid was a companion case to the similarly named (but not to be confused) College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board
, 527 U.S. 666 (1999). Where College Savings Bank was an action brought under the Lanham Act
, Florida Prepaid was a concurrent action brought under the Patent and Plant Variety Protection Remedy Clarification Act. Although it was unnecessary to reach the question of whether Congress had validly abrogated Florida's sovereign immunity in College Savings Bank, the question was unavoidable in Florida Prepaid.
In a 5-4 decision authored by Chief Justice William Rehnquist
, the court held that the Act's abrogation of States' sovereign immunity was invalid. Congress could only abrogate sovereign immunity pursuant to its powers under § 5 of the Fourteenth Amendment
and not Article I
(see Fitzpatrick v. Bitzer
; Seminole Tribe v. Florida
). Applying the § 5 test provided in City of Boerne v. Flores
, the validity of the Act could not be sustained.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1999), was a decision by the Supreme Court of the United States relating to the doctrine of 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....
.
Florida Prepaid was a companion case to the similarly named (but not to be confused) College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board
College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board
College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board, , was a decision by the Supreme Court of the United States relating to the doctrine of sovereign immunity....
, 527 U.S. 666 (1999). Where College Savings Bank was an action brought under the Lanham Act
Lanham Act
The Lanham Act is a piece of legislation that contains the federal statutes of trademark law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising.-History:Named for Representative Fritz G...
, Florida Prepaid was a concurrent action brought under the Patent and Plant Variety Protection Remedy Clarification Act. Although it was unnecessary to reach the question of whether Congress had validly abrogated Florida's sovereign immunity in College Savings Bank, the question was unavoidable in Florida Prepaid.
In a 5-4 decision authored by Chief Justice 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...
, the court held that the Act's abrogation of States' sovereign immunity was invalid. Congress could only abrogate sovereign immunity pursuant to its powers under § 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...
and not Article I
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...
(see 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...
; 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...
). Applying the § 5 test provided 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...
, the validity of the Act could not be sustained.
See also
- List of United States Supreme Court cases, volume 527
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume