Chisholm v. Georgia Case Brief

Facts of the Case

In 1792, Alexander Chisholm, from South Carolina, the executor of the estate of Robert Farquhar, attempted to sue thein the Supreme Court over payments due to him for goods that Farquhar had supplied Georgia during the. Theargued the case for thebefore the court. The defendant, Georgia, refused to appear, claiming that, as a


Did Justice Brent Benjamin’s failure to recuse himself from participation in a case where one of the parties donated $3 million to his election campaign violate the Due Process Clause of the 14th Amendment?


“In a 4-to-1 decision, the Court ruled for the plaintiff, reasoning 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. Thus, state conduct was subject to judicial review.Justice Iredell dissented, reasoning that under Common Law, each state was sovereign, and could not be sued without consent. This opinion eventually became law with the passage of the Eleventh Amendment to the Constitution, which provides 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.””

Case Information

Citation: 2 US 419 (1793)
Argued: Feb 5, 1793
Decided: Feb 19, 1793
Case Brief: 1793