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section] 1983, and officer suability under Ex parte Young as the cornerstones of modern public law litigation.
92) Hans specifically stated, "the suability of a State without its consent is a thing unknown to the law.
Veridiano II, (146) the Supreme Court said, "[T]he mere invocation of official character will not suffice to insulate him from suability and liability for an act imputed to him as a personal tort committed without or in excess of his authority.
It is plain, then, that a State may be sued, and hence it plainly follows, that suability and state sovereignty are not incompatible.
All of the constitutional opinions focus on the federal-state relationship, although they do so through different lenses: the commerce power, federal-question jurisdiction, state suability, the contract clause, state taxation.
The ratification debates (and Chisholm, for that matter) may reveal disagreement over the implications of Article III for state suability, but partisans on both sides of the question understood the Article in connection with a well-established background principle of state sovereign immunity.
of justice which has continually expanded by consent the suability of
Read, (230) "[t]he readiness or reluctance with which courts find such consent has naturally been influenced by prevailing views regarding the moral sanction to be attributed to a State's freedom from suability.
ambiguous text of Hans includes the sentence: "The suability of a
Flipping the reading, the Court instead would find that the Amendment shut down a loophole of suability that perhaps the Framers had opened inadvertently in an otherwise universal and indefeasible doctrine of state sovereign immunity.
The question as to the suability of one government by another government rests upon wholly different grounds.