These propositions have never been controverted by any body; and the Supreme Court admits in terms, the general proposition that a sovereign, independent state is not suable
, except by its own consent;(70) and avowedly relies on the constitution itself to prove the consent of Virginia in the particular case then under consideration.
A state, then, which violated its own contract was suable
in the courts of the United States for that violation.
On this view, the state's denial of the remedy required by the Due Process Clause would simply trigger Congress's power to enforce the clause by making the states suable
in federal court.
1) Since the time of Edward the First, the Crown of England has not been suable
unless it has specifically consented to suit.
Many scholars have argued against importing state sovereign immunity into the Eleventh Amendment and in favor of an alternative reading that would make states suable
on federal claims.