Hollingsworth v. Virginia, 3 U.S. 378 (1798)

U.S. Supreme Court

Hollingsworth v. Virginia, 3 U.S. 3 Dall. 378 378 (1798)

Hollingsworth v. Virginia

3 U.S. (3 Dall.) 378

Syllabus

The amendment of the Constitution of the United States by which the judicial power of the United States was declared not to extend to any suit commenced or prosecuted by a citizen or citizens of another state or by foreign subjects against a state prevented the exercise of jurisdiction in any case past or future.

The decision of the court, in the case of Chisholm v. Georgia, 2 U. S. 419, produced a proposition in Congress for amending the Constitution of the United States according to the following terms:

"The judicial power of the United States shall not be construed to extend to any suit in law and 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 proposition being now adopted by the constitutional number of states, Lee, Attorney General, submitted this question to the Court whether the amendment did or did not supersede all suits depending, as well as prevent the institution of new suits against any one of the United States by citizens of another state.

Page 3 U. S. 382

U.S. Supreme Court

Hollingsworth v. Virginia, 3 U.S. 3 Dall. 378 378 (1798)

Hollingsworth v. Virginia

3 U.S. (3 Dall.) 378

Syllabus

The amendment of the Constitution of the United States by which the judicial power of the United States was declared not to extend to any suit commenced or prosecuted by a citizen or citizens of another state or by foreign subjects against a state prevented the exercise of jurisdiction in any case past or future.

The decision of the court, in the case of Chisholm v. Georgia, 2 U. S. 419, produced a proposition in Congress for amending the Constitution of the United States according to the following terms:

"The judicial power of the United States shall not be construed to extend to any suit in law and 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 proposition being now adopted by the constitutional number of states, Lee, Attorney General, submitted this question to the Court whether the amendment did or did not supersede all suits depending, as well as prevent the institution of new suits against any one of the United States by citizens of another state.

Page 3 U. S. 382

The Court, on the day succeeding the argument, delivered an unanimous opinion that the amendment being constitutionally adopted, there could not be exercised any jurisdiction in any case, past or future, in which a state was sued by the citizens of another state or by citizens or subjects of any foreign state.

Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.

Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship.