Joseph P. Bradley, Hans v. Louisiana — Opinion of the Court
“ I concur with the court in holding that a suit directly against a state by one of its own citizens is not one to which the judicial power of the United States extends, unless the state itself consents to be sued. ”
Joseph P. Bradley, Hans v. Louisiana — Opinion of the Court
“ It did not in terms prohibit suits by individuals against the states, but declared that the constitution should not be construed to import any power to authorize the bringing of such suits. The language of the amendment is that 'the judicial 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.' The supreme court had construed the judicial power as extending to such a suit, and its decision was thus overruled. ”
Joseph P. Bradley, Hans v. Louisiana — Opinion of the Court
“ While the state cannot be compelled by suit to perform its contracts, any attempt on its part to violate property or rights acquired under its contracts may be judicially resisted, and any law impairing the obligation of contracts under which such property or rights are held is void and powerless to affect their enjoyment. It is not necessary that we should enter upon an examination of the reason or expediency of the rule which exempts a sovereign state from prosecution in a court of justice at the suit of individuals. ”
