Drafting Errors

Scholars have long debated whether the Eleventh Amendment embodies a strong rule of state sovereign immunity or whether it just repealed federal jurisdiction over state-law cases brought against a state by a citizen of another state. Everyone agrees, however, that states have no immunity from suits by the United States. The United States can even sue states regarding state behavior toward an individual, when the state behavior has violated federal law. By combining this power with a device similar to a qui tam action, the United States could effectively give individuals the power to sue states.


The Hidden Source of Congress’s Power to Abrogate State Sovereign Immunity
73 Tex. L. Rev. 539 (1995)

Abstract
	Scholars have long debated whether the Eleventh Amendment embodies a strong rule of state sovereign immunity or whether it just repealed federal jurisdiction over state-law cases brought against a state by a citizen of another state. Everyone agrees, however, that states have no immunity from suits by the United States. The United States can even sue states regarding state behavior toward an individual, when the state behavior has violated federal law. By combining this power with a device similar to a qui tam action, the United States could effectively give individuals the power to sue states.