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Seminole Tribe v. Florida : ウィキペディア英語版
Seminole Tribe of Florida v. Florida

''Seminole Tribe of Florida v. Florida'', 517 U.S. 44 (1996), was a United States Supreme Court case which held that Article One of the U.S. Constitution did not give the United States Congress the power to abrogate the sovereign immunity of the states that is further protected under the Eleventh Amendment. Such abrogation is permitted where it is necessary to enforce the rights of citizens guaranteed under the Fourteenth Amendment as per ''Fitzpatrick v. Bitzer'' 427 U.S. 445 (1976). The case also held that the doctrine of ''Ex parte Young'', 209 U.S. 123 (1908), which allows state officials to be sued in their official capacity for prospective injunctive relief, was inapplicable under these circumstances, because any remedy was limited to the one that Congress had provided.
==Facts==
In 1988 Congress passed the Indian Gaming Regulatory Act, a statute requiring the states to negotiate with Indian tribes to create compacts governing Indian Gaming. The statute provided that if a state failed to enter into such negotiations, or to negotiate in good faith, the Tribes could sue the state in federal court in order to compel the states to negotiate. If the states still refused, the statute provided that the matter would ultimately be referred to the Secretary of the Interior. Congress had asserted its power under the part of the Commerce Clause relating to commerce with Indians to pass such a statute, abrogating the immunity of states pursuant to its express powers.
The Seminole Tribe of Florida requested that the state enter into such a negotiation. When the state refused, the Tribe filed suit, as allowed by the statute, against both the state of Florida and the governor, Lawton Chiles. The District Court declined to dismiss the case, but the United States Court of Appeals for the Eleventh Circuit reversed, holding that the Eleventh Amendment barred the suit, and that the doctrine of ''Ex parte Young'' could not be used to force good faith negotiations.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Seminole Tribe of Florida v. Florida」の詳細全文を読む



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