| Chisholm v. Georgia | ||||||||||||||
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| Argued February 5, 1793 Decided February 18, 1793 |
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| Holding | ||||||||||||||
| Article III, Section 2's grant of federal jurisdiction over suits "between a State and Citizens of another State" abrogated the States' sovereign immunity recognized at common law, thus allowing a private individual to hale a State into federal court. | ||||||||||||||
| Court membership | ||||||||||||||
| Chief Justice: John Jay Associate Justices: James Wilson, William Cushing, John Blair, James Iredell |
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| Case opinions | ||||||||||||||
| Seriatim opinion by: Cushing Seriatim opinion by: Blair Seriatim opinion by: Wilson Seriatim opinion by: Jay Dissent by: Iredell |
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| Laws applied | ||||||||||||||
| U.S. Const. art. III; Judiciary Act of 1789 | ||||||||||||||
| Superseded by | ||||||||||||||
| U.S. Const. amend. XI | ||||||||||||||
Chisholm v. John Jay (December 12 1745 – May 17 1829 was an American Politician, Statesman, revolutionary, Diplomat, a Supreme Court James Wilson ( September 14, 1742 August 21, 1798) was a signer of the Declaration of Independence, twice elected to the Continental For the US Navy hero see William B Cushing. William Cushing ( March 1, 1732 &ndash September 13, 1810 John Blair Jr (October 1731&ndash August 31, 1800) was an American politician, Founding Father, and Patriot. This article is about James Iredell the United States Supreme Court justice Article Three of the United States Constitution establishes the Judicial branch of the federal government. The United States Judiciary Act of 1789 (1 Stat 73 was a landmark Statute adopted on September 24, 1789 in the first session of The Eleventh Amendment ( Amendment XI) of the United States Constitution was passed by the U Georgia, 2 U.S. (2 Dall.) 419 (1793)[1], is considered by many to be the first United States Supreme Court case of great significance and impact. Case citation is the system used in many countries to identify the decisions in past Court cases either in special series of books called reporters Year 1793 ( MDCCXCIII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Because of its early date, there is little background information (particularly in American law) available for it. Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society
Contents |
Background of the case
In 1792 in South Carolina, Alexander Chisholm, the executor of the estate of Robert Farquhar, attempted to sue the state of Georgia in the Supreme Court over payments due them for goods that Farquhar had supplied Georgia during the American Revolutionary War. Year 1792 ( MDCCXCII) was a Leap year starting on Sunday (link will display the full calendar of the Gregorian calendar (or a Leap year South Carolina ( is a state in the southern region ( Deep South) of the United States of America. The State of Georgia ( is a state in the United States and was one of the original Thirteen Colonies that revolted against British rule In this article the inhabitants of the thirteen colonies that supported the American Revolution are primarily referred to as "Americans" with occasional references to "Patriots" U. S. Attorney General Edmund Randolph appeared to argue the case for the plaintiff before the Court. In most Common law jurisdictions the Attorney General, or Attorney-General, is the main legal advisor to the government and in some jurisdictions may in addition Edmund Jenings Randolph ( August 10, 1753 September 12, 1813) was an American attorney, Governor of Virginia A plaintiff ( Π in Legal shorthand) also known as a claimant or complainant, is the party who initiates a Lawsuit Georgia refused to appear, claiming that as a "sovereign," a state did not have to appear in court to hear a suit against it to which it did not consent. Sovereignty is the exclusive Right to control a Government, a country, a people or oneself
The Court's decision
The Court, in a 4-1 decision, found in favor of the plaintiff, with Chief Justice of the United States John Jay concurring with Justices Blair, Wilson, and Cushing, with Justice Iredell dissenting. The Chief Justice of the United States is the head of the judicial branch of the government of the United States, and presides over the U John Jay (December 12 1745 – May 17 1829 was an American Politician, Statesman, revolutionary, Diplomat, a Supreme Court John Blair Jr (October 1731&ndash August 31, 1800) was an American politician, Founding Father, and Patriot. James Wilson ( September 14, 1742 August 21, 1798) was a signer of the Declaration of Independence, twice elected to the Continental For the US Navy hero see William B Cushing. William Cushing ( March 1, 1732 &ndash September 13, 1810 This article is about James Iredell the United States Supreme Court justice (At the time, there was no one "majority" opinion; the Justices simply delivered their own opinions one by one, in order from the most junior to the most senior. ) The Court argued that Article 3, Section 2 of the Constitution abrogated the States' sovereign immunity and granted federal courts the affirmative power to hear disputes between private citizens and States.
Subsequent developments
In 1795, largely as a result of Chisholm, the Eleventh Amendment was ratified, which removed federal jurisdiction in cases where citizens of one state or foreign countries attempt to sue another state. The Eleventh Amendment ( Amendment XI) of the United States Constitution was passed by the U However, citizens of one state or foreign countries can still use the Federal courts if the state consents to be sued or if Congress, pursuant to a valid exercise of Fourteenth Amendment remedial powers, abrogates the states' immunity from suit. The Fourteenth Amendment ( Amendment XIV) to the United States Constitution is one of the post- Civil War Reconstruction Amendments, first See, e. g. , Fitzpatrick v. Bitzer, 427 U.S. 445 (1976). Fitzpatrick v Bitzer, 427 US 445 ( 1976) was a United States Supreme Court decision that determined that the U Case citation is the system used in many countries to identify the decisions in past Court cases either in special series of books called reporters Year 1976 ( MCMLXXVI) was a Leap year starting on Thursday (link will display full calendar of the Gregorian calendar.
See also
References
- Jean Edward Smith, John Marshall: Definer Of A Nation, New York: Henry Holt & Company, 1996. This is a list of all the United States Supreme Court and other cases from volume 2 of the United States Reports. Jean Edward Smith (born October 13, 1932, Washington DC) is professor at Marshall University and biographer
- Jean Edward Smith, The Constitution And American Foreign Policy, St. Jean Edward Smith (born October 13, 1932, Washington DC) is professor at Marshall University and biographer Paul, MN: West Publishing Company, 1989.
External links
- Chisholm v. Georgia, 2 U.S. 419 (1793) (full text with links to cited Supreme Court opinions and sections of the U. S. Constitution, U. S. Code, and C. F. R. )
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