Chisholm to Alden

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This dissertation explores whether a citizen of one U.S. state can sue another state, despite the Eleventh Amendment, which prohibits such suits by citizens of other states or foreign subjects. While addressing the broader issue of state sovereignty, the primary focus is on the suability of states. The work investigates the original intent of the Constitution's framers and how various courts throughout U.S. history have interpreted that intent, culminating with the textualist-originalist Justices of the 1990s, many of whom still serve today. This analysis is complex due to the differing opinions at the Federal Convention regarding the text's meaning, indicating that no singular interpretation exists. The dissertation examines significant Supreme Court cases related to state suability, beginning with Chisholm v. Georgia (1793), which prompted the Eleventh Amendment, particularly emphasizing James Wilson's opinion. Selected cases from the Marshall Court to the 1999 Alden v. Maine are discussed to ascertain whether states were ever truly suable and to identify which cases may have misled contemporary courts. This investigation aims to clarify the Founders' reasonable understanding of state suability.