The Frailties of Alden v. Maine: A Decision Contrary to the Constitution, Precedent, and Ancient Propositions of Law
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Authors
Amorena, Danielle J.
Issue Date
2000
Volume
33
Issue
3
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Congress enacted The Fair Labor Standards Act ("FLSA") in 1938 to achieve "certain minimum labor standards." Through a series of amendments, FLSA evolved to protect selected state employees. Section 216(b) of FLSA provides those under its protection the right to bring a suit for damages against any employer who violates the provisions of FLSA. Recently, the Supreme Court in Alden v. Maine declared that the inherent, fundamental concept of sovereign immunity protected a state from suit in state court based on section 216(b). In Alden, a group of probation officers sued their employer, the State of Maine, for its alleged refusal to pay overtime wages as required by FLSA section 207.8 State sovereign immunity, Maine contended, prevented Congress from subjecting it to suit for damages in federal and state court. The Alden Court agreed with Maine, reasoning that the doctrine of sovereign immunity is derived from the Constitution's structure and history and the Supreme Court's interpretations of state sovereign immunity. In arriving at its decision, the Court explained that the Constitution's structure establishes a federal system wherein the states maintain primary jurisdiction in some areas while state and federal government exert concurrent authority in others." History, according to the Court, particularly documents written at the time of the Constitution's ratification, provided support to the Court's reasoning. The Alden Court then examined Congress' power to abrogate sovereign immunity and found that Article I of the United States Constitution does not authorize Congress to do so. Finally, the Alden majority declared that Maine had not waived its right to sovereign immunity...
Description
Citation
33 Creighton L. Rev. 643 (1999-2000)
Publisher
Creighton University School of Law