About: Abrogation doctrine

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The Abrogation doctrine is a US 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).

Attributes	Values
rdf:type	military unit
rdfs:label	Abrogation doctrine (en)
rdfs:comment	The Abrogation doctrine is a US 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). (en)
dcterms:subject	United States Eleventh Amendment case law
Wikipage page ID	1728498 (xsd:integer)
Wikipage revision ID	951955167 (xsd:integer)
Link from a Wikipage to another Wikipage	United States Congress United States Constitution City of Boerne v. Flores Eleventh Amendment to the United States Constitution Commerce Clause U.S. state William Rehnquist Lawsuit Fitzpatrick v. Bitzer Fourteenth Amendment to the United States Constitution Article One of the United States Constitution Associate Justice of the Supreme Court of the United States Atascadero State Hospital v. Scanlon United States Eleventh Amendment case law Kimel v. Florida Board of Regents Supreme Court of the United States Nevada Department of Human Resources v. Hibbs Sovereign immunity Congressional power Seminole Tribe v. Florida dbr:Fry_v._United_States
sameAs	Abrogation doctrine Abrogation doctrine Abrogation doctrine
dbp:wikiPageUsesTemplate	dbt:Reflist dbt:Ussc dbt:US_fed_civ_pro
has abstract	The Abrogation doctrine is a US 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, 517 U.S. 44 (1996) 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 lawsuits seeking monetary damages against individual U.S. states 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, 427 U.S. 445 (1976). Bitzer "continued the line of reasoning that Rehnquist had acknowledged in ... 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, 473 U.S. 234 (1985). 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, 521 U.S. 507 (1997). 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, 528 U.S. 62 (2000). An example where an act passed the Boerne test is Nevada Department of Human Resources v. Hibbs, 538 U.S. 721 (2003). (en)
gold:hypernym	Doctrine
prov:wasDerivedFrom	wikipedia-en:Abrogation_doctrine?oldid=951955167&ns=0
page length (characters) of wiki page	3390 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:Abrogation_doctrine
is Link from a Wikipage to another Wikipage of	2011 term United States Supreme Court opinions of Anthony Kennedy 2011 term United States Supreme Court opinions of Antonin Scalia 2011 term United States Supreme Court opinions of Clarence Thomas 2011 term United States Supreme Court opinions of Ruth Bader Ginsburg Board of Trustees of the University of Alabama v. Garrett List of United States Supreme Court cases by the Rehnquist Court Eleventh Amendment to the United States Constitution Constitutional law of the United States Louis Marshall Commerce Clause Federal judiciary of the United States Central Virginia Community College v. Katz Law of Cambodia Fitzpatrick v. Bitzer Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank Abrogation Hans v. Louisiana Kimel v. Florida Board of Regents Superior Courts of Justice of Peru Supreme Court of Peru Article Three of the United States Constitution Nevada Department of Human Resources v. Hibbs Seminole Tribe of Florida v. Florida Sovereign immunity Sovereign immunity in the United States Sterilization law in the United States
is Wikipage disambiguates of	Abrogation
is foaf:primaryTopic of	wikipedia-en:Abrogation_doctrine

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