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US Federal Constitution QUESTION #5832
Question 1
A federal law provides that 'any state that accepts federal healthcare funding must waive its sovereign immunity to lawsuits in federal court for violations of the ADA.' Is this valid?
  • No, because Congress cannot force a state to waive its 11th Amendment immunity.
  • No, because it is an unconstitutional 'commandeering' of state governments.
  • Yes, because Congress may condition federal funds on a waiver of sovereign immunity under the Spending Power.✔️
  • Yes, because the 14th Amendment gives Congress power to abrogate state immunity.
Correct Answer Explanation
Congress can condition the receipt of federal funds on a state’s waiver of 11th Amendment immunity. As long as the waiver is 'clear and unequivocal' and the state accepts the money, the waiver is valid.