Have you ever heard of Chisholm v. Georgia?
From American Constitutional Law, A.T. Mason, et al, ed:
On October 31, 1777 the Executive Council of Georgia authorized state commissioners Thomas Stone and Edward Davies to purchase much needed supplies from Robert Farquahr, a Charleston, South Carolina merchant [Farquhar was killed in an accident, Georgia refused to pay...Chisholm, Farquahr's executor filed suit]. In 1792, Chisholm, nevertheless, filed suit in the Supreme Court...the decision came down February 19, 1793. All five justices delivered opinions; only Justice Iredell, holding to the view ithe circuit court opinion [no state was liable to be sued by an individual of another state], dissented. In the face of assurances made by Hamilton, Madison, and Marshall during the Ratification debates that a state could not, without its consent, be made party defedant in the federal courts by a citizen of another state, the Court took jurisdiction and decided against the state. {ed. note}
Excerpts from the Justices' opinions:
Wilson, Justice:--
This is a cause of uncommon magnitude. One of the parties to it is a state. certainly respectable, claiming to be sovereign. The question to be determined is whether this state, so respectable, and whose claim soars so high, is amenable to the jurisdiction of the supreme court of the United States? This question, important in itself, wil depend on others, more important still; and, may perhaps be resolved into one, no less radical than this--"do the people of the United States form a nation?"...
To the Constitution of the United States the term sovereign is totally unknown. There is but one place where it could have been used with propriety. But, even in that place it would not, perhaps, have comported tself with the delicacy of those who ordained and established that constitution. They might have announced themselves "sovereign" people of the United States; But serenely conscious of the fact, they avoided the ostentatious declaration...As to the purposes of the Union, therefore, Georgia is not a sovereign state...in almost every nation, which has been denominated free, the state has assumed a supercilious preeminence above the people who have formed it: Hence, the haughty notions of state independence, state sovereignty and state supremacy...Who were these people? They were the citizens of thirteen states, each of which had a separate constitution and government, and all of which were connected by articles of confederation. To the purposes of public strength and felicity the confederacy was totally inadequate. A requistion on the several states terminated its legislative authority; executive or judicial authority, it had none. In order, therefore, to form a more perfect union, to establish justice, to insure domestic tranquility, to provide for common defense and to secure the blessings of liberty, those people, among whom were the people of Georgia, ordained and established the present constitution. By that constitution, legislative power is vested, executive power is vested, judicial power is vested...We may then infer, that the people of the United States intended to bind the several states, by the legislative power of the national government...Whoever considers, in a combined and comprehensive view, the general texture of the constitution, wil be satisfied that the people of the United States intended to form themselves into a nation for national purposes. They instituted, for such purposes, a national government complete in all its parts, with powers legislative, executive and judiiciary, ad in all those powers extending over the whole nation."
Jay, Chief Justice:--
The question we are now to decide has been accurately stated, viz.: Is a state suable by individual citizens of another state?...
The revolution, or rather the Declaration of Independence, found the people already united for general purposes, and at the same time, providing for their more domestic concerns by state conventions, and other temporary arrangements. From the crown of Great Britain, the sovereignty of their country passed to the people of it; and it was then not an uncommon opinion, that the unappropriated lands, which belonged to that crown, passed, not to the people of the colony or states within whose limits they were situated, bt to the whole people; on whatever principles this opinion rested, it did not give way to the other, and thirteen sovereignties were considered as emerged from the principles of the revolution, combined with local convenience and considerations; the people nevertheless continued to consider themselves, in a national point of view, as one people; and they continued without interruption to manage their national concerns accordingly; afterwards, in the hurry of the war, and in the warmth of mutual confidence, they made a confederation of the States, the basis of a general Government. Experience disappointed the expectations they had formed from it; and then the people, in their collective and national capacity, established the present Constitution. It is remarkable that in establishing it, the people exercised their own rights and their own proper sovereignty, and conscious of the plenitude of it, they declared with becoming dignity, "We the people of the United States," "do ordain and establish this Constitution." Here we see the people acting as the sovereigns of the whole country; and in the language of sovereignty, establishing a Constitution by which it was their will, that the state governments should be bound, and to which the State Constitutions should be made to conform. Every State Constitution is a compact made by and between the citizens of a state to govern themeselves in a certain manner; and the Constitution of the United States is likewise a compact made by the people of the United States to govern themselves as to general objects, in a certain manner. By this great compact however, many prerogatives were transferred to the national Government, such as those of making war and peace, contracting alliances, coining money, etc."
THAT is some strong stuff:
"For the purposes of the Union therefore, Georgia is not a sovereign state."
"Sovereign powers transferred..."
"... the people of the United States intended to bind the several states, by the legislative power of the national government..."
Ouch, ouch, OUCH!
Now, Chisholm caused quite an uproar in 1793. The 11th emandment was added:
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.
And the states' response?
Nil.
Now, how is it that people in 1793 didn't know what they had gotten into?
There were no false pretenses, there is just poor analysis on your part.
Walt
The 11th, which prevented an individual from suing a state, was added in response to Chisholm v. Georgia. That's what the states wanted reinforced, and that's why there was no response.
Regarding the decision, the state of Georgia also prohibited any and all state officers from complying with the decision - any official so doing would be executed immediately, without the benefit of attending clergy.