Abrogation
doctrine
The Abrogation doctrine is a constitutional
law doctrine expounding when and
how Congress may waive a state's
Sovereign immunity and subject it
to lawsuits that to which the state
has not consented (i.e., to "abrogate"
their immunity to such suits).Most
of the powers delegated to Congress
spring from Article One of the U.S.
Constitution, and these powers cannot
be used to abrogate state sovereign
immunity. See Seminole Tribe v.
Florida. However, the Congress can
authorize lawsuits seeking monetary
damages against individual U.S.
states when it acts pursuant to
powers delegated to it by amendments
subsequent to the Eleventh Amendment.
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