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Opinion of KENNEDY, J.

been "stripped" of his official or representative character. See Young, supra, at 159-160; Poindexter, supra, at 288.

With the growth of statutory and complex regulatory schemes, this mode of analysis might have been somewhat obscured. Part of the significance of Young, in this respect, lies in its treatment of a threatened suit by an official to enforce an unconstitutional state law as if it were a commonlaw tort. See 209 U. S., at 158 (treating this possibility as a "specific wrong or trespass"); id., at 167 ("The difference between an actual and direct interference with tangible property and the enjoining of state officers from enforcing an unconstitutional act, is not of a radical nature"). Treatment of a threatened suit to enforce an unconstitutional statute as a tort found support in Reagan v. Farmers' Loan & Trust Co., 154 U. S. 362 (1894), and Smyth v. Ames, 169 U. S. 466 (1898). See Currie, Sovereign Immunity and Suits Against Government Officers, 1984 S. Ct. Rev. 149, 154, and n. 35. By employing the common-law injury framework, the Young Court underscored the inadequacy of state procedures for vindicating the constitutional rights at stake. 209 U. S., at 163–166. The enforcement scheme in Young, which raised obstacles to the vindication of constitutional claims, was not unusual. See, e. g., Willcox v. Consolidated Gas Co., 212 U. S. 19, 53-54 (1909) (discussing the "enormous and overwhelming" penalties for violating the challenged statutes); Western Union Telegraph Co. v. Andrews, 216 U. S. 165 (1910) (penalties for each violation of the challenged statute included $1,000 fine); Herndon v. Chicago, R. I. & P. R. Co., 218 U. S. 135, 151 (1910) (penalties for violating the challenged statute could "in a short time . . . amount to many thousands of dollars"); Oklahoma Operating Co. v. Love, 252 U. S. 331, 336 (1920) (penalties for violations are "such as might well deter even the boldest and most confident”). In many situations, as in the above-cited cases, the exercise of a federal court's equitable jurisdiction was necessary to avoid "excessive and oppressive penalties, [the] possibility of [a]

Opinion of KENNEDY, J.

multiplicity of suits causing irreparable damage, or [the] lack of proper opportunities for [state] review." Warren, Federal and State Court Interference, 43 Harv. L. Rev. 345, 377-378 (1930).

The reluctance to place much reliance on the availability of a state forum can be understood in part by the prevalence of the idea that if a State consented to suit in a state forum it had consented, by that same act, to suit in a federal forum. See, e. g., Davis v. Gray, 16 Wall. 203, 221 (1873); Reagan v. Farmers' Loan & Trust Co., supra, at 391. Today, by contrast, it is acknowledged that States have real and vital interests in preferring their own forums in suits brought against them, interests that ought not to be disregarded based upon a waiver presumed in law and contrary to fact. See, e. g., Edelman v. Jordan, 415 U. S., at 673. In this case, there is neither warrant nor necessity to adopt the Young device to provide an adequate judicial forum for resolving the dispute between the Tribe and the State. Idaho's courts are open to hear the case, and the State neither has nor claims immunity from their process or their binding judgment.

C

Even if there is a prompt and effective remedy in a state forum, a second instance in which Young may serve an important interest is when the case calls for the interpretation of federal law. This reasoning, which is described as the interest in having federal rights vindicated in federal courts, can lead to expansive application of the Young exception. See, e. g., Green v. Mansour, 474 U. S. 64, 68 (1985) (explaining that Young furthers the federal interest in vindicating federal law); Pennhurst, 465 U. S., at 105 ("[T]he Young doctrine has been accepted as necessary to permit the federal courts to vindicate federal rights" (citation omitted)). It is difficult to say States consented to these types of suits in the plan of the Convention. Neither in theory nor in practice has it been shown problematic to have federal claims re

Opinion of KENNEDY, J.

solved in state courts where Eleventh Amendment immunity would be applicable in federal court but for an exception based on Young. For purposes of the Supremacy Clause, it is simply irrelevant whether the claim is brought in state or federal court. Federal courts, after all, did not have general federal-question jurisdiction until 1875. Assuming the availability of a state forum with the authority and procedures adequate for the effective vindication of federal law, due process concerns would not be implicated by having state tribunals resolve federal-question cases.

In some cases, it is true, the federal courts play an indispensable role in maintaining the structural integrity of the constitutional design. A federal forum assures the peaceful resolution of disputes between the States, South Dakota v. North Carolina, 192 U. S. 286 (1904), and suits initiated by the United States against States, United States v. Texas, 143 U.S. 621 (1892). While we can assume there is a special role for Article III courts in the interpretation and application of federal law in other instances as well, we do not for that reason conclude that state courts are a less than adequate forum for resolving federal questions. A doctrine based on the inherent inadequacy of state forums would run counter to basic principles of federalism. In Stone v. Powell, 428 U. S. 465 (1976), we expressed our "emphatic reaffirmation

of the constitutional obligation of the state courts to uphold federal law, and [our] expression of confidence in their ability to do so." Allen v. McCurry, 449 U. S. 90, 105 (1980).

Interpretation of federal law is the proprietary concern of state, as well as federal, courts. It is the right and duty of the States, within their own judiciaries, to interpret and to follow the Constitution and all laws enacted pursuant to it, subject to a litigant's right of review in this Court in a proper case. The Constitution and laws of the United States are not a body of law external to the States, acknowledged and enforced simply as a matter of comity. The Constitution is

Opinion of KENNEDY, J.

the basic law of the Nation, a law to which a State's ties are no less intimate than those of the National Government itself. The separate States and the Government of the United States are bound in the common cause of preserving the whole constitutional order. Federal and state law "together form one system of jurisprudence." Claflin v. Houseman, 93 U. S. 130, 137 (1876). It would be error coupled with irony were we to bypass the Eleventh Amendment, which enacts a scheme solicitous of the States, on the sole rationale that state courts are inadequate to enforce and interpret federal rights in every case.

It is a principal concern of the court system in any State to define and maintain a proper balance between the State's courts on one hand, and its officials and administrative agencies on the other. This is of vital concern to States. As the Idaho State Attorney General has explained: "Everywhere a citizen turns—to apply for a life-sustaining public benefit, to obtain a license, to respond to a complaint-it is [administrative law] that governs the way in which their contact with state government will be carried out." Echo Hawk, Introduction to Administrative Procedure Act Issue, 30 Idaho L. Rev. 261 (1994). In the States there is an ongoing process by which state courts and state agencies work to elaborate an administrative law designed to reflect the State's own rules and traditions concerning the respective scope of judicial review and administrative discretion. An important case such as the instant one has features which instruct and enrich the elaboration of administrative law that is one of the primary responsibilities of the state judiciary. Where, as here, the parties invoke federal principles to challenge state administrative action, the courts of the State have a strong interest in integrating those sources of law within their own system for the proper judicial control of state officials.

Our precedents do teach us, nevertheless, that where prospective relief is sought against individual state officers in a

Opinion of KENNEDY, J.

federal forum based on a federal right, the Eleventh Amendment, in most cases, is not a bar. See, e. g., Willcox, 212 U. S., at 40. Indeed, since Edelman we have consistently allowed suits seeking prospective injunctive relief based on federal violations to proceed. Last Term, however, we did not allow a suit raising a federal question to proceed based on Congress' provision of an alternative review mechanism. Whether the presumption in favor of federal-court jurisdiction in this type of case is controlling will depend upon the particular context. What is really at stake where a state forum is available is the desire of the litigant to choose a particular forum versus the desire of the State to have the dispute resolved in its own courts. The Eleventh Amendment's background principles of federalism and comity need not be ignored in resolving these conflicting preferences. The Young exception may not be applicable if the suit would "upset the balance of federal and state interests that it embodies." Papasan v. Allain, 478 U. S. 265, 277 (1986). The exception has been "tailored to conform as precisely as possible to those specific situations in which it is necessary to permit the federal courts to vindicate federal rights." Ibid. (citation and internal quotation marks omitted); see also Pennhurst, 465 U. S., at 104, n. 13.

The course of our case law indicates the wisdom and necessity of considering, when determining the applicability of the Eleventh Amendment, the real affront to a State of allowing a suit to proceed. As we explained in Ford Motor Co. v. Department of Treasury of Ind., 323 U. S. 459 (1945): "[T]he nature of a suit as one against the state is to be determined by the essential nature and effect of the proceeding." Id., at 464. We held that "when the action is in essence one for the recovery of money from the state, the state is the real, substantial party in interest and is entitled to invoke its sovereign immunity from suit even though individual officials are nominal defendants." Ibid. In re Ayers, cited with approval in Young, stated that it is not "conclu

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