abrogate

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abrogate

Withdraw, rescind, revoke, or cancel. Common usage implies an act done in a one-sided or high-handed manner, but this is not necessary to the definition.
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RECENT SUPREME COURT DECISIONS LIMITING CONGRESS'S ABILITY TO ABROGATE STATE SOVEREIGN IMMUNITY BY LEGISLATION
The Establishment of a Two-prong Test under which All Legislative Attempts to Abrogate State Sovereign Immunity Must be Evaluated
34) From these cases a two-prong test has emerged in which the validity of a statute that attempts to abrogate state sovereign immunity is evaluated.
Under the first prong, Congress must unequivocally express its intent to abrogate the state's immunity.
40) The Court in Seminole Tribe held that Congress cannot validly abrogate state sovereign immunity under Article I of the Constitution.
Why the Enforcement Clause is the Only Constitutional Means by Which Congress Can Legislatively Abrogate State Sovereign Immunity
43) One of the reasons why the Court decided to allow Congress to abrogate Eleventh Amendment immunity when acting pursuant to the Fourteenth Amendment, but not Article I, is because the Fourteenth Amendment was enacted long after the Eleventh Amendment, as opposed to the Eleventh Amendment, which was enacted after the ratification of Article I.
Additional Requirements Set Forth by the Supreme Court that Affect Congress's Ability to Abrogate State Sovereign Immunity Through Legislation
46) This case built upon the concept already stated in Seminole Tribe, that Congress can only abrogate through "appropriate legislation.
52) If the statute cannot meet the rigors of this test, then Congress will have exceeded the scope of its enforcement powers, and the legislation will be deemed an invalid attempt to abrogate Eleventh Amendment immunity.
The Seminole Tribe and City of Boerne decisions materially restricted Congress's ability to abrogate states' sovereign immunity, and the impact of these decisions on intellectual property can clearly be seen in the cases which followed.
73) The state of Florida challenged Congress's attempt at abrogation, arguing that the Act was enacted pursuant to the Commerce Clause, which is no longer grants Congress the authority to abrogate state sovereign immunity.