Note 30 — AMENDMENT 11

Poindexter v. Greenhow, 114 U.S. 270 (1885); Allen v. Baltimore & O.R. Co., 114 U.S. 311 (1885); Pennoyer v. McConnaughy, 140 U.S. 1 (1891); In re Tyler, 149 U.S. 164 (1893). As stated by Justice Harlan in Fitts v. McGhee, 172 U.S. 516, 529-530 (1899), "There is a wide difference between a suit against individuals, holding official positions under a State, to prevent them, under the sanction of an unconstitutional statute, from committing by some positive act a wrong or trespass, and a suit against officers of a State merely to test the constitutionality of a state statute, in the enforcement of which those officers will act only by formal judicial proceedings in the courts of the State." See also North Carolina v. Temple, 134 U.S. 22 (1890).