Passage of the Eleventh Amendment

Background. The amendment was adopted to overrule the Supreme Court's decision in Chisholm v. Georgia, clarifying Article III, Section 2, which grants diversity jurisdiction over cases 'between a state and citizens of another state.' Its text bars the federal judicial power from extending to suits against a state by citizens of another state or by citizens or subjects of any foreign state.

Congressional Passage. The 3rd Congress proposed the amendment on March 4, 1794. The Senate had passed it 23–2 on January 14, 1794, and the House of Representatives approved it by a vote of 81–9 on March 4, 1794, sending it to the states for ratification.

Ratification. The amendment was ratified by the states on February 7, 1795. Twelve of the fifteen states then in existence ratified it, adding the amendment to the Constitution; South Carolina ratified later, on December 4, 1797. New Jersey, Pennsylvania, and Tennessee (a state from June 1, 1796) took no action during that era.

Significance. The Eleventh Amendment was the first constitutional amendment adopted after the Bill of Rights. It restricts the ability of individuals to sue states of which they are not citizens in federal court, and the Supreme Court has read it to apply to all federal suits against states brought by private parties.