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Narrowing the Nation's Power John T. Noonan

Narrowing the Nation's Power By John T. Noonan

Narrowing the Nation's Power by John T. Noonan


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Summary

Presents a tale of how a cohesive majority of the Supreme Court has cut back the power of Congress and enhanced the autonomy of the fifty states.

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Narrowing the Nation's Power Summary

Narrowing the Nation's Power: The Supreme Court Sides with the States by John T. Noonan

Narrowing the Nation's Power is the tale of how a cohesive majority of the Supreme Court has, in the last six years, cut back the power of Congress and enhanced the autonomy of the fifty states. The immunity from suit of the sovereign, Blackstone taught, is necessary to preserve the people's idea that the sovereign is 'a superior being'. Promoting the common law doctrine of sovereign immunity to constitutional status, the current Supreme Court has used it to shield the states from damages for age discrimination, disability discrimination, and the violation of patents, trademarks, copyrights, and fair labor standards. Not just the states themselves, but every state-sponsored entity - a state insurance scheme, a state university's research lab, the Idaho Potato Commission - has been insulated from paying damages in tort or contract. Sovereign immunity, as Noonan puts it, has metastasized. 'It only hurts when you think about it', Noonan's Yalewoman remarks. Crippled by the states' immunity, Congress has been further brought to heel by the Supreme Court's recent invention of two rules. The first rule: Congress must establish a documentary record that a national evil exists before Congress can legislate to protect life, liberty, or property under the Fourteenth Amendment. The second rule: The response of Congress to the evil must then be both 'congruent' and 'proportionate'. The Supreme Court determines whether these standards are met, thereby making itself the master monitor of national legislation. Even legislation under the Commerce Clause has been found wanting, illustrated here by the story of Christy Brzonkala's attempt to redress multiple rapes at a state university by invoking the Violence Against Women Act. The nation's power has been remarkably narrowed. Noonan is a passionate believer in the place of persons in the law. Rules, he claims, are a necessary framework, but they must not obscure law's task of giving justice to persons. His critique of Supreme Court doctrine is driven by this conviction.

Narrowing the Nation's Power Reviews

John T. Noonan, Jr. brings impeccable scholarly and judicial credentials to his dramatic accusation that five members of the Supreme Court are systematically thwarting justice to Americans through a states rights policy that is essentially political and without basis in the Constitution. Judge Noonan's stature as a leading conservative thinker gives added prestige to this compact, lively and riveting account.-Norman Dorsen, Stokes Professor of Law, New York University; President of the ACLU, 1976-1991

About John T. Noonan

John T. Noonan, Jr. is Robbins Professor of Law Emeritus at the University of California, Berkeley, and the author of a dozen books, including Bribes (1987), Persons and Masks of the Law (2002), and The Lustre of Our Country : The American Experience of Religious Freedom (1998), which was a New York Times Notable Book. He is currently the holder of the Maguire Chair in Ethics at the Kluge Center of the Library of Congress and a senior judge of the United States Court of Appeals for the Ninth Circuit.

Table of Contents

Acknowledgments Prologue: A Recurrent Struggle Is Resumed 1. The Battle of Boerne 2. Superior Beings 3. Votaries 4. The Sovereign Publisher and the Last of the Menu Girls 5. Perhaps Inconsequential Problems 6. Gang Rape at State U. 7. Sovereign Remedy Notes Index

Additional information

CIN0520235746G
9780520235748
0520235746
Narrowing the Nation's Power: The Supreme Court Sides with the States by John T. Noonan
Used - Good
Hardback
University of California Press
20020821
212
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in good condition, but if you are not entirely satisfied please get in touch with us

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