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Can't Be Enforced Without Violating Constitutional Rights

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  • Legalbear
    But to prevent misapprehension, we add that, within the meaning of the Eleventh Amendment of the Constitution, the suits are not against the State but against
    Message 1 of 1 , May 14, 2013
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      But to prevent misapprehension, we add that, within the meaning of the Eleventh Amendment of the Constitution, the suits are not against the State but against certain individuals charged with the administration of a state enactment, which, it is alleged, Cannot Be Enforced Without Violating The Constitutional Rights of the plaintiffs. It is the settled doctrine of this court that a suit against individuals for 519*519 the purpose of preventing them as officers of a State from enforcing an unconstitutional enactment to the injury of the rights of the plaintiff, is not a suit against the State within the meaning of that Amendment. Pennoyer v. McConnaughy, 140 U.S. 1, 10; In re Tyler, 149 U.S. 164, 190; Scott v. Donald, 165 U.S. 58, 68; Tindal v. Wesley, 167 U.S. 204, 220. .  Smyth v. Ames, 169 US 466, 518-19 - Supreme Court 1898

       

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