Georgia in 1793, Chisholm, a citizen
of North Carolina, began action against the State of Georgia in the
Supreme Court of the United States. That court interpreted the
clause as applying to cases in which a State is defendant, as well
as to those in which it is plaintiff. The decision was received
with disfavor by the States, and Congress proposed the Eleventh
Amendment to the Constitution, which was ratified in 1798 and is as
follows:--
_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_.
Original and Appellate Jurisdiction.--Clause 2. _In all cases
affecting ambassadors, other public ministers and consuls, and those in
which a State shall be a party, the Supreme Court shall have original
jurisdiction. In all the other cases before mentioned, the Supreme Court
shall have appellate jurisdiction, both as to law and fact, with such
exceptions, and under such regulations as the Congress shall make_.
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