Missapplication of Precedent: The United States Supreme Court Ignores the Overbreadth of the ADA by Abrogating State Sovereignty in Tennessee v. Lane
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Authors
Langeland, David J.
Issue Date
2005
Volume
38
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The Eleventh Amendment to the United States Constitution restricts the judiciary's power over the states by limiting the abilities of a citizen of one state to bring a lawsuit against another state. The United States Supreme Court has interpreted this prohibition to include lawsuits a citizen has brought against his or her own state. However, Congress has the power to abrogate the states' immunity provided by the Eleventh Amendment through legislative actions. The Supreme Court has decided that for Congress to effectively revoke the states' immunity, Congress must first clearly express its intent, and then it must enact legislation pursuant to a valid constitutional authority. The Supreme Court has also determined a valid constitutional authority must come from § 5 of the Fourteenth Amendment to the Constitution, which gives Congress authority to enact appropriate legislation to enforce Fourteenth Amendment rights. In recent years, the Court's decisions with respect to these issues have turned on whether Congress had authority to enact such enforcing legislation...
Description
Citation
38 Creighton L. Rev. 1065 (2004-2005)
Publisher
Creighton University School of Law