Page:Franchise Tax Board of California v. Hyatt.pdf/15

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FRANCHISE TAX BD. OF CAL. v. HYATT

Opinion of the Court

tution was understood, in light of its history and structure, to preserve the States’ traditional immunity from private suits.” Alden, supra, at 723–724. We have often emphasized that “[t]he Amendment is rooted in a recognition that the States, although a union, maintain certain attributes of sovereignty, including sovereign immunity.” Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc., 506 U. S. 139, 146 (1993). In proposing the Amendment, “Congress acted not to change but to restore the original constitutional design.” Alden, 527 U. S., at 722. The “sovereign immunity of the States,” we have said, “neither derives from, nor is limited by, the terms of the Eleventh Amendment.” Id., at 713.

Consistent with this understanding of state sovereign immunity, this Court has held that the Constitution bars suits against nonconsenting States in a wide range of cases. See, e. g., Federal Maritime Comm’n, supra (actions by private parties before federal administrative agencies); Alden, supra (suits by private parties against a State in its own courts); Blatchford v. Native Village of Noatak, 501 U. S. 775 (1991) (suits by Indian tribes in federal court); Monaco, 292 U. S. 313 (suits by foreign states in federal court); Ex parte New York, 256 U. S. 490 (1921) (admiralty suits by private parties in federal court); Smith v. Reeves, 178 U. S. 436 (1900) (suits by federal corporations in federal court).

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Despite this historical evidence that interstate sovereign immunity is preserved in the constitutional design, Hyatt insists that such immunity exists only as a “matter of comity” and can be disregarded by the forum State. Hall, supra, at 416. He reasons that, before the Constitution was ratified, the States had the power of fully independent nations to deny immunity to fellow sovereigns; thus, the States must retain that power today with respect to each