<P> The amendment's text does not mention suits brought against a state by its own citizens . However, in Hans v. Louisiana, 134 U.S. 1 (1890), the Supreme Court ruled that the amendment reflects a broader principle of sovereign immunity . As Justice Anthony Kennedy later stated in Alden v. Maine, 527 U.S. 706 (1999): </P> <P> (S) overeign immunity derives not from the Eleventh Amendment but from the structure of the original Constitution itself...Nor can we conclude that the specific Article I powers delegated to Congress necessarily include, by virtue of the Necessary and Proper Clause or otherwise, the incidental authority to subject the States to private suits as a means of achieving objectives otherwise within the scope of the enumerated powers . </P> <P> However, Justice David Souter, writing for a four - Justice dissent in Alden, said the states surrendered their sovereign immunity when they ratified the Constitution . He read the amendment's text as reflecting a narrow form of sovereign immunity that limited only the diversity jurisdiction of the federal courts . He concluded that neither the Eleventh Amendment in particular nor the Constitution in general insulates the states from suits by individuals . </P> <P> Eleventh Amendment immunity also protects states from lawsuits by foreign states in federal courts . </P>

Amendment xi is not considered part of which document