Volume 5 addresses those Supreme Court cases brought against a state by a citizen of another state or foreign nation during the 1790's. This volume deals with not only the landmark case of Chisholm v. Georgia, in which the Court determined that it had jurisdiction over such suits, but also with six lesser-known cases in which states were sued. For each case the editors provide a historical introduction and publish the relevant documents, including court papers, personal correspondence, lawyers' notes, justices' manuscript opinions, proceedings of state legislatures, newspaper articles, and pamphlets. The documents shed light on the unique circumstances of each of these controversial suits, and reveal the extent of the discussion that the cases prompted on the general issue of state sovereignty. With the ratification of the 11th Amendment, the Chisolm decision was overturned. This volume traces the process by which the amendment became a part of the Constitution.
