sovereignty, including immunity from suit, simply by adopting Article I of the Constitution. Id. The Court concluded that immunity “is a fundamental aspect of the sovereignty which the States enjoyed before the ratification of the Constitution, and which they retain today.” Id. at 713, 119 S.Ct. 2240. {25} Based on Alden, this Court in Cockrell, 2002-NMSC-009, ¶ 1, 132 N.M. 156, 45 P.3d 876, found that New Mexico’s constitutional sovereign immunity shielded the state from private FLSA suits brought in state court. We held that New Mexico did not waive its sovereign immunity in regard to the congressionally created remedies found in the FLSA, as the FLSA was created pursu ant to Congress’ Article I powers. Id. ¶¶ 14-15; see also Gill, 2004-NMSC-016, ¶ 49, 135 N.M. 472, 90 P.3d 491 (<HOLDING>). {26} The question in this case, however,
holding that ex parte young exception to states sovereign immunity applies only where violation of federal law is ongoing not where federal law was violated only in the past holding a foreclosure claim on a municipal tax lien asserted against the state was barred by sovereign immunity but sovereign immunity would not bar the bank from seeking just compensation for the states taking of its property as a result of the allegedly unpaid taxes under the takings clause as applied to the states under the fourteenth amendment holding age discrimination claim barred holding a claim for injunction but not money damages against a state officer for a violation of the age discrimination in employment act enacted under article i section 8 of the united states constitution was not barred by sovereign immunity under the ex parte young exception holding that sovereign immunity barred a post alden claim under the fair labor standards act for money damages asserted against the state in state court