Practical View Of The Eleventh Amendment: Lower Court Interpretations And The Supreme Courts Reaction

Abstract

The eleventh amendment1 recently has emerged from the obscurity which surrounded its first 170 years of existence. Several aspects of con­ temporary political life have combined to cause heavier reliance on the amendment by state governments.2 The scope of government activity has widened to include areas previously under private control.3 In addition, due process and equal protection concepts have been expanded to include previously unrecognized claims against government defendants.4 Coupled with the broader interpretation of these constitutional protections is the heightened public interest in litigation against governmental organizations, evidenced by the increasing number of pro se cases against state officials or agencies.5