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Home > Law > Courts > Courts - Supreme Court > Narrowing the Nation's Power: The Supreme Court Sides with the States
Narrowing the Nation's Power: The Supreme Court Sides with the States
by Noonan, John T., Jr.
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Narrowing the Nation's Power: The Supreme Court Sides with the States
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. 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.


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Title of ebook: Narrowing the Nation's Power: The Supreme Court Sides with the States
ISBN: 9780520900820
parent-ISBN: 9780520235748
Publisher: University of California Press
Internet download file size: 614 kb
Published: 08-2002
Released online for download: 11-08-2002
Author of eBook: Noonan, John T., Jr.
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Narrowing the Nation's Power


Chapter One

The Battle of Boerne

The big break came with Boerne. I tell its story here against the background of the American devotion to religious liberty and the power granted Congress after the Civil War by the fourteenth amendment.

THE LUSTROUS EXPERIMENT

A unique contribution of the United States to civilization is the invention of religious liberty. No nation before our own had moved beyond tolerance. No nation had made freedom of religion a cherished value. No nation had designated "exercise," not mere opinion, as the value guaranteed. No nation had ever guaranteed in a written constitution that the nation would enact no law prohibiting the free exercise of religion.

The mother country, Great Britain, had for a century enjoyed a highly limited tolerance, coupled to the establishment of a church endowed with many prerogatives and privileges. Protestants who were not communicants in the Church of England, Catholics, Jews, members of all the other religions of the world, agnostics, and atheists were the subject of lega ... read full excerpt from Narrowing the Nation's Power: The Supreme Court Sides with the States ebook



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