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Central Virginia Community College v. Katz
''Central Virginia Community College v. Katz'', , is a United States Supreme Court case holding that the Bankruptcy Clause of the Constitution abrogates state sovereign immunity. It is significant as the only case allowing Congress to use an Article I power to authorize individuals to sue states.
== Background ==
In England, sovereign immunity referred to the concept that the king could not be sued without his consent. Beginning with ''Hans v. Louisiana'' (1890), a line of controversial Supreme Court cases had applied the concept of sovereign immunity to suits brought by private individuals against state governments. ''See'' The Eleventh Amendment. By the time ''Central Virginia Community College v. Katz'' came up for review, a majority of the justices on the Supreme Court had suggested Congress could never authorize individuals to sue a state pursuant to its Article I powers, including the Bankruptcy power. ''Seminole Tribe v. Florida''.
Wallace's Bookstores did business with Central Virginia Community College, an arm of the state. While it was insolvent, Wallace's Bookstores made certain preferential transfers of property to the state to satisfy debts. After Wallace's Bookstores filed for bankruptcy, Katz, the bankruptcy trustee, sued the state under to recover those transfers. The state raised sovereign immunity as a defense.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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