In_the_case_of_Chisholm_v

In_the_case_of_Chisholm_v - conclusions The first question...

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In the case of Chisholm v. State of Georgia, Alexander Chisholm takes the state of Georgia to court over payments that Georgia failed to make after purchasing supplies during the Revolutionary War. In addition, the state of Georgia held that as a “sovereign state, it is not subject to the authority of the courts.” Therefore, the issue was raised of whether the state of Georgia was subject to the jurisdiction of the Supreme Court and the federal government. In a 4-1 decision, the Supreme Court held that “supreme or sovereign power is held by the citizens themselves.” Furthermore, controversies between states and individuals of other states are under the jurisdiction of federal courts. One of the rhetorical strategies used is the use of question that build upon each other and then answering them by using the constitution as the foundation for the
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Unformatted text preview: conclusions. The first question is whether a state can be sued by a private citizen of another state. If so, then should legal action be taken against the state for their failure to appear before court? Third, is the summoning service a competent one? And fourth, how should the request for Georgia to appear before court be enforced? The Supreme Court then proceeded to answer these questions by stating that “the Constitution vests a jurisdiction in the Supreme Court over a State, as a defendant, at the suit of a private citizen of another State.” Also “the judicial act recognizes that jurisdiction.” In addition, it was agreed “that unless the said State shall either in due form appear, or show cause to the contrary in this Court, by the first day of next Term, judgment by default shall be entered against the said State.”...
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