State Sovereignty and the Eleventh Amendment in the U.S. Supreme Court: The 1988 Term

During its 1988 term, the U.S. Supreme Court addressed two important aspects of the Eleventh Amendment, which generally protects states from being sued in federal courts. First, the Court held that the Congress has power to abrogate states' immunity from suit—to subject states to suits in federal courts for damages—under Congress' expansive commerce-clause power. Second, the Court made clear that such abrogation would be found only where the text of the statute itself, as distinct from its legislative history, clearly and specifically so provided. This article describes these decisions, and analyzes some of their implications for judicial federalism.