Adopted to overrule the Supreme Court's decision in Chisholm v. Georgia (1793). In that case, the Court held that states did not enjoy sovereign immunity from suits made by citizens of other states in federal court.

While the Eleventh Amendment established that federal courts do not have the authority to hear cases brought by private parties against a state of which they are not citizens, the Supreme Court has ruled the amendment to apply to all federal suits against states brought by private parties.

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

New Jersey and Pennsylvania did not take action on the amendment during that era; neither did Tennessee, which had become a State on June 16, 1796.

However, on June 25, 2018, the New Jersey Senate adopted Senate Concurrent Resolution No. 75 to symbolically post-ratify the Eleventh Amendment.