When the Constitution came into force in 1789, Strong was chosen by the state legislature to serve in the United States Senate. As what is now known as a Class 2 Senator he came up for reelection in 1792, when he was again chosen. He was one of the principal drafters of the Judiciary Act of 1789, which established the federal courts. He was also instrumental in 1793 and 1794 in the development and passage by Congress of the 11th Amendment to the United States Constitution. This measure was enacted in response to "Chisholm v. Georgia", a Supreme Court decision in which a private individual sued the state of Georgia. The amendment expanded the sovereign immunity of states to limit suits against them by private individuals from other states.