CHISHOLM V GEORGIA 2 U.S 419 1793 CHISHOLM V GEORGIA U.S CONSTITUTION U.S GOV'T JUDICIAL REVOLUTIONARY WAR U.S GOVERNMENT AND CONSTITUTION SIGNIFICANCE IN THIS CASE THE SUPREME COURT RULED THAT THE FEDERAL GOVERNMENT HAD AUTHORITY OVER THE STATES IN CLAIMS BETWEEN A STATE AND CITIZENS OF ANOTHER STATE THIS DECISION LED TO THE ELEVENTH AMENDMENT WHICH LIMITED THE COURT'S JURISDICTION TO RULE IN CASES INVOLVING INDIVIDUAL STATES THIS DECISION WAS THE FIRST TIME A SUPREME COURT DECISION WAS OVERRULED BY A CONSTITUTIONAL AMENDMENT BACKGROUND DURING THE REVOLUTIONARY WAR A SOUTH CAROLINA MERCHANT SUPPLIED CLOTHING TO THE STATE OF GEORGIA HOWEVER THE STATE REFUSED TO PAY THE MERCHANT AFTER THE MERCHANT'S DEATH ALEXANDER CHISHOLM WHO WAS IN CHARGE OF THE ESTATE SUED THE STATE FOR THE VALUE OF THE CLOTHING THE STATE REFUSED TO APPEAR BEFORE THE SUPREME COURT GEORGIA CLAIMED THAT IT WAS IMMUNE FROM SUCH A LAWSUIT BECAUSE IT WAS A SOVEREIGN AND INDEPENDENT STATE THIS CONFLICT REFLECTED AN ONGOING DEBATE ABOUT WHETHER THE POWERS OF THE FEDERAL GOVERNMENT SHOULD BE STRONG OR WEAK DECISION THIS CASE WAS ARGUED ON FEBRUARY 5 1793 AND DECIDED ON FEBRUARY 18 1793 BY A VOTE OF 4 TO 1 FOLLOWING THE PRACTICE OF THE COURT AT THAT TIME EACH JUSTICE GAVE A SEPARATE OPINION THE MAJORITY DECIDED AGAINST GEORGIA JUSTICES JOHN JAY AND JAMES WILSON ARGUED THAT AUTHORITY RESIDED IN THE PEOPLE AND NOT THE STATES THEREFORE GEORGIA WAS NOT INDEPENDENT IN ADDITION THE CONSTITUTION GAVE THE SUPREME COURT THE POWER TO RULE IN CASES THAT INVOLVED INDIVIDUAL STATES THIS RULING RAISED FEARS THAT THE FEDERAL GOVERNMENT ESPECIALLY THE JUDICIARY WAS BECOMING TOO POWERFUL THE RULING LED TO THE PASSAGE IN 1798 OF THE ELEVENTH AMENDMENT WHICH FORBIDS A CITIZEN FROM ONE STATE TO SUE ANOTHER STATE IN FEDERAL COURT WITHOUT THE CONSENT OF THE STATE BEING SUED EXCERPT FROM JUSTICE CUSHING'S OPINION THE GRAND AND PRINCIPAL QUESTION IN THIS CASE IS WHETHER A STATE CAN BY THE FEDERAL CONSTITUTION BE SUED BY AN INDIVIDUAL CITIZEN OF ANOTHER STATE THE POINT TURNS UPON THE CONSTITUTION ESTABLISHED BY THE PEOPLE OF THE UNITED STATES AND PARTICULARLY UPON THE EXTENT OF POWERS GIVEN TO THE FEDERAL JUDICIAL IN THE SECOND SECTION OF THE THIRD ARTICLE OF THE CONSTITUTION THE JUDICIAL POWER THEN IS EXPRESSLY EXTENDED TO CONTROVERSIES BETWEEN A STATE AND CITIZENS OF ANOTHER STATE WHEN A CITIZEN MAKES A DEMAND AGAINST A STATE OF WHICH HE IS NOT A CITIZEN IT IS AS REALLY A CONTROVERSY BETWEEN A STATE AND A CITIZEN OF ANOTHER STATE AS IF SUCH STATE MADE A DEMAND AGAINST SUCH CITIZEN THE CASE THEN SEEMS CLEARLY TO FALL WITHIN THE LETTER OF THE CONSTITUTION
