Chisholm v. Georgia
Supreme Court of the United States
Argued February 5, 1793 Decided February 18, 1793
Full case name: Alexander Chisholm, Executors v. Georgia Citations: 2 U.S. 419; 2 U.S. (2 Dall.) 419; 1 L. Ed. 440; 1793 U.S. LEXIS 249 Prior history: Original action filed, U.S. Supreme Court, August, 1792 Subsequent history: None on record
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
Case opinions
Seriatim opinion by: Cushing Seriatim opinion by: Blair Seriatim opinion by: Wilson Seriatim opinion by: Jay Dissent by: Iredell
Laws applied
U.S. Const. art. III; Judiciary Act of 1789
Superseded by
U.S. Const. amend. XI

Chisholm v. 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. Because of its early date, there is little background information (particularly in American law) available for it. Image File history File links Seal_of_the_United_States_Supreme_Court. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Supreme Court of the United States (sometimes colloquially referred to by the... Dallas, as portrayed in an 1881 copy of a Gilbert Stuart painting Alexander James Dallas (June 21, 1759 – January 16, 1817) was an American statesman who served as the U.S. Treasury Secretary under President James Madison. ... John Jay (December 12, 1745 – May 17, 1829) was an American politician, statesman, revolutionary, diplomat, and jurist. ... For other persons named James Wilson, see James Wilson (disambiguation). ... William Cushing (March 1, 1732–September 13, 1810) was an early associate justice of the United States Supreme Court, from its inception to his death. ... John Blair (1732–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 first page of the Judiciary Act of 1789 The United States Judiciary Act of 1789 (1 Stat. ... Amendment XI in the National Archives Amendment XI (the Eleventh Amendment) of the United States Constitution was passed by the U.S. Congress on March 4, 1794, and was ratified on February 7, 1795. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... Year 1793 (MDCCXCIII) was a common year starting on Tuesday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Saturday of the 11-day slower Julian calendar). ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Supreme Court of the United States (sometimes colloquially referred to by the... For other uses, see Law (disambiguation). ...

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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. (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. Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  Politics Portal      The Chief Justice of the United States is the head of the judicial branch... John Jay (December 12, 1745 – May 17, 1829) was an American politician, statesman, revolutionary, diplomat, and jurist. ... John Blair (1732–August 31, 1800) was an American politician, Founding Father, and Patriot. ... For other persons named James Wilson, see James Wilson (disambiguation). ... William Cushing (March 1, 1732–September 13, 1810) was an early associate justice of the United States Supreme Court, from its inception to his death. ... This article is about James Iredell, the United States Supreme Court justice. ...

Subsequent developments

In 1795, largely as a result of Chisolm, the Eleventh Amendment was ratified, which removed federal jurisdiction in cases where citizens of one state or foreign countries attempt to sue another state. 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. See, e.g., Fitzpatrick v. Bitzer, 427 U.S. 445 (1976). Amendment XI in the National Archives Amendment XI (the Eleventh Amendment) of the United States Constitution was passed by the U.S. Congress on March 4, 1794, and was ratified on February 7, 1795. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ... Holding The Fourteenth Amendment gives Congress the power to override a States Eleventh Amendment sovereign immunity for the purpose of enforcing civil rights on the States. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... Year 1976 Pick up sticks(MCMLXXVI) was a leap year starting on Thursday (link will display full calendar) of the Gregorian calendar. ...

See also

• List of United States Supreme Court cases, volume 2

This is a list of all the United States Supreme Court cases from volume 2: 2 U.S. 1, 2 Dall. ...

References

• Jean Edward Smith, John Marshall: Definer Of A Nation, New York: Henry Holt & Company, 1996.
• Jean Edward Smith, The Constitution And American Foreign Policy, St. Paul, MN: West Publishing Company, 1989.

Jean Edward Smith is an accomplished educator and biographer having authored such works as Grant, John Marshall: Definer of a Nation, and Presently he is the John Marshall Professor of Political Science at Marshall University. ... Jean Edward Smith is an accomplished educator and biographer having authored such works as Grant, John Marshall: Definer of a Nation, and Presently he is the John Marshall Professor of Political Science at Marshall University. ...

External links

1. ^ 2 U.S. 419 (Full text of the decision at Findlaw.com)

• 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.)