Which is a recognized exception to state sovereign immunity allowing a federal suit against a state?

Which is a recognized exception to state sovereign immunity allowing a federal suit against a state?

• A. An implied waiver through conduct
• B. Explicit waiver
• C. The state's payment of taxes generally
• D. The state's commercial activity alone

Answer: (B)

Sovereign immunity under the Eleventh Amendment blocks federal suits against a state unless the state explicitly agrees to be sued. The only recognized way to overcome this is an explicit waiver of immunity—where the state consents, such as in a statute or contract that clearly allows suit. Implicit waivers through conduct aren’t treated as consent, and simply paying taxes or engaging in commercial activity does not by itself waive immunity. So the best answer is explicit waiver.

Sovereign immunity under the Eleventh Amendment blocks federal suits against a state unless the state explicitly agrees to be sued. The only recognized way to overcome this is an explicit waiver of immunity—where the state consents, such as in a statute or contract that clearly allows suit. Implicit waivers through conduct aren’t treated as consent, and simply paying taxes or engaging in commercial activity does not by itself waive immunity. So the best answer is explicit waiver.