Article:
Jonathan R. Siegel, The Hidden Source of Congress’s Power to Abrogate State Sovereign Immunity, 73 TEXAS L. REV. 539 (1995).
 

Abstract:
Jonathan Siegel asserts that the debate over the source and scope of Congress's power to abrogate state sovereign immunity is unnecessary. He argues that Congress has, and always has had, the ability to abrogate Eleventh Amendment immunity using any of its powers that allow it to regulate state behavior. In a three-step analysis, advancing from suits by the United States, through suits in the name of the United States, to suits by individuals in their own names, the author reaches the conclusion that the source of Congress's power to abrogate state immunity lies in the power of the United States to sue the states. By using a statutory device similar to a qui tam action, Congress could authorize individuals to bring suits against states for the violation of any duty that Congress may constitutionally impose on the states; the availability of this device implies both practically and theoretically that Congress should be able to authorize individuals to sue states.