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According to the Eleventh Amendment, “The ludicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.” In the past, many scholars and the Court itself have used the term Eleventh Amendment immunity to describe this immunity, yet sovereign immunity is the more accurate term. As the Supreme Court recently observed,

The sovereign immunity of the States neither derives from nor is limited by the terms of the Eleventh Amendment. Rather, as the Constitution's structure, and its history, and the authoritative interpretations by this Court make clear, the States' immunity from suit is a fundamental ...

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