The Sovereign States: Notes of a Citizen of Virginia

By James Jackson Kilpatrick | Go to book overview

ginia, Kentucky, Maryland, Delaware, North Carolina--and of course, Georgia--held that the Court was wrong. They ratified what is now the Eleventh Amendment. They declared that:

The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States, by citizens of another State, or by citizens or subjects of any foreign state.

The necessary number of ratifications could be counted by February of 1795, but the amendment was not formally proclaimed a part of the Constitution until 1798. What is important to note, in this regard, is that Georgia totally defied the Court from the very inception of the suit in 1792. Georgia defied the Court, and Georgia remained in the Union. There was no violence, no secession, no anarchy. There was simply a question of contested power, submitted to the States for decision. And when they had decided it, that was the end of it. The Court in 1798 struck the Chisholm case from its calendar, and with it went all other suits against States commenced prior to the effective date of the Eleventh Amendment.10


3
Debt Assumption

Now, Georgia's drastic action in the Chisholm case was not the only instance of State interposition in the first half-dozen years of the republic; it was only the most spectacular, and the most decisive. It is the best place to begin.

Actually, however, the controversy over suits against a State was antedated by a warm dispute over Federal resumption of debts incurred by the individual States during the Revolutionary War. In Virginia, the people "by persevering and strenuous exertions" had redeemed a considerable portion of their debts through the

-58-

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The Sovereign States: Notes of a Citizen of Virginia
Table of contents

Table of contents

  • Title Page iii
  • Preface v
  • Contents vii
  • Introduction ix
  • Part 1 - The Sovereign States 1
  • 3 - The Articles of Confederation 8
  • 4 - "We the People" 10
  • 5 - The States in the Constitution 13
  • 6 - The Prophetic Mr. Henry 18
  • 7 - The States Ratify 28
  • Part 2 - The Right to Interpose 49
  • 3 - Debt Assumption 53
  • 4 - The Kentucky and Virginia Resolutions 58
  • 5 - Mr. Madison's Report of 1799 62
  • Part 3 - The States Fight Back * 99
  • 1 - The Olmstead Case 101
  • 3 - The Embargo Crisis 118
  • 4 - Matters of the Militia 132
  • 6 - The Hartford Convention 136
  • 7 - The Bank of the United States 139
  • 8 - Internal Improvements 144
  • 9 - Kentucky Vs. the Court 158
  • 10 - Georgia Vs. the Court 161
  • 11 - Calhoun and Nullification 174
  • 12 - The Case for Nullification 186
  • 14 - The Obligation of Contracts 199
  • 15 - After the War 216
  • 16- The Reconstruction Cases 222
  • 17 - The Commerce Clause (commenced) 231
  • 18 - Interlude in a Speakeasy 242
  • Part 4 - The States Today 253
  • 1 - The Southern States 255
  • 3 - Some Notes on Police Power 258
  • 4 - The Transcendent Issue 277
  • Notes 309
  • Table of Cases and Index 331
  • Table of Cases 333
  • Index 337
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