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Alden Vs. Maine

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  • US Supreme Court
  • Mar 31, 1999

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72 entries 6 linked 66 unlinked
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  1. Seminole Tribe of FlA. Vs. Florida US Supreme Court · Oct 11, 1995
  2. Hans Vs. Louisiana US Supreme Court · Mar 03, 1890
  3. Principality of Monaco Vs. Mississippi US Supreme Court · May 21, 1934
  4. Maine Vs. Thiboutot US Supreme Court · Jun 25, 1980
  5. United States Vs. Lopez US Supreme Court · Apr 26, 1995
  6. City of Boerne Vs. Flores US Supreme Court · Feb 19, 1997
  7. U.S. 706 (1999) October Term, 1998 Syllabus Alden Et Al. V. Maine
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  8. No. 98-436. Argued March 31, 1999-Decided June 23,1999 Mter this Court decided, in Seminole Tribe of Fla. v. Florida
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  9. Court held that Article III authorized a private citizen of another State to sue Georgia without its consent, Chisholm v. Georgia
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  10. that States were required to surrender this power to Congress pursuant to the constitutional design. Blatchford v. Native
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  11. federal law merely because that law derives not from the State itself but from the national power. See, e. g., Hans v. Louisiana
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  12. otherwise within the enumerated powers' scope. Those decisions that have endorsed this contention, see, e. g., Parden v. Terminal
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  13. R. Co. of Ala. Docks Dept., 377 U. S. 184 , 190-194, have been overruled, see, e. g., College Savings Bank v. Florida
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  14. in sweeping terms, without reference to whether a suit was prosecuted in state or federal court. See, e. g., Briscoe v. Bank
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  15. The Court has said on many occasions that the States retain their immunity in their own courts, see, e. g., Beers v. Arkansas
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  16. How. 527, 529, and has relied on that as a premise in its Eleventh Amendment rulings, see, e. g., Hans v. Louisiana
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  17. of Texas, Jan Graham of Utah, William H. Sorrell of Vermont, Mark L. Earley of Virginia, Darrell V. McGraw
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  18. and sought compensation and liquidated damages. While the suit was pending, this Court decided Seminole Tribe of Fla. v. Florida
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  19. of Seminole Tribe, the District Court dismissed petitioners' action, and the Court of Appeals affirmed. Mills v. Maine
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  20. The Maine Supreme Judicial Court's decision conflicts with the decision of the Supreme Court of Arkansas, Jacoby v. Arkansas
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  21. accord, Blatchford v. Native
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  22. assume the States' continued existence and active participation in the fundamental processes of governance. See Printz v. United
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  23. New York v. United
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  24. was well established in English law that the Crown could not be sued without consent in its own courts. See Chisholm v. Georgia
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  25. cf. Nevada v. Hall
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  26. Article III authorized a private citizen of another State to sue the State of Georgia without its consent. Chisholm v. Georgia
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  27. that the States had surrendered their immunity to suit. Maryland's decision to submit to process in Vanstophorst v. Maryland
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  28. not go unnoticed by the Supreme Court, see Chisholm, 2 Dall., at 429-430 (Iredell, J., dissenting). In Oswald v. New
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  29. Atascadero State Hospital v. Scanlon
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  30. accord, Edelman v. Jordan
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  31. Eleventh Amendment in holding that nonconsenting States are immune from suits brought by federal corporations, Smith v. Reeves
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  32. U. S. 436 (1900), foreign nations, Principality of Monaco, supra, or Indian tribes, Blatchford v. Native
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  33. derives not from the Eleventh Amendment but from the structure of the original Constitution itself. See, e. g., Idaho v. Coeur
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  34. Pennhurst State School and Hospital v. Halderman
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  35. Amendment to stand not so much for what it says, but for the presupposition ... which it confirms.' Blatchford v. Native
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  36. Village of Noatak, 501 U. S. 775 , 779 (1991). That presupposition, first observed over a century ago in Hans v. Louisiana
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  37. Seminole Tribe, supra, at 54. 730 Accord, Puerto Rico Aqueduct and Sewer Authority v. Metcalf
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  38. with Em ployees of Dept. of Public Health and Welfare of Mo. v. Department
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  39. within the scope of the enumerated powers. Although some of our decisions had endorsed this contention, see Parden v. Terminal
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  40. Pennsylvania v. Union
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  41. College Savings Bank v. Florida
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  42. together. See 1 F. Pollock & F. Maitland, History of English Law 518 (2d ed. 1909), quoted in Nevada v. Hall
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  43. statements in some of our cases suggesting that the Eleventh Amendment is inapplicable in state courts. See Hilton v. South
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  44. Will v. Michigan
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  45. business after the statute's enactment impliedly waived their sovereign immunity from such suits. See Par den v. Terminal
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  46. waiver and consent. Although later decisions have undermined the basis of Parden's reasoning, see, e. g., Welch v. Texas
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  47. Martin v. Hunter's
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  48. see also City of Boerne v. Flores
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  49. own courts which cannot be abrogated by Congress. Petitioners seek support in two additional decisions. In Reich v. Collins
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  50. see also Fair Assessment in Real Estate Assn., Inc. v. McNary
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