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Narrowing the Nation's Power
The Supreme Court Sides With the States
by John Thomas Noonan
ISBN: 0520235746
ISBN-13: 9780520235748
Format: Hardcover
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"A stinging and even startling critique of recent decisions that have shifted the balance of power in the country away from Congress toward the states and-most damning in Judge Noonan's view-toward the court itself....Individual justice is not a concern much in evidence at the Supreme Court these days. That it forms the core of a conservative judge's rigorous counteranalysis is in many ways the most surprising feature of this passionate and provocative book." -- Linda Greenhouse
-- New York Times Book Review
Bibliographic Details
Publisher: Univ of California Pr
Published date: 2002
Size: 5.75 x 8.5 inches
Weight: 0.8 pounds
Pages: 208
Publisher's Notes
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.
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Narrowing the Nation's Power: The Supreme Court Sides with the States
John T. Noonan Jr
University of California Press. Used - Very Good. Published: 2002. Hardcover. Dust jacket: Very Good. 100% Satisfaction Guaranteed! Very Good condition, showing little signs of wear. ( more information) Offered by Experienced Books LLC (United States)
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Narrowing the Nation's Power: The Supreme Court Sides with the States
John T. Noonan Jr
University of California Press. Used - Good. Former Library book. Shows some signs of wear, and may have some markings on the inside. 100% Money Back Guarantee. Shipped to over one million happy customers! Your purchase benefits world literacy! ( more information) Offered by Better World Books (United States)
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The Supreme Court Sides with the States
Narrowing the Nation's Power
Publisher: Ewing, New Jersey, U.S.A.: Univ of California Pr, 2002 Binding: Hard Cover Condition: Very Good Good Description: Very Good Good Hard Cover. Very Good/Very Good. Ex-Library. 1 LIKE MINT CONDITION INSIDE. ( more information) Offered by Books Once Used (United States)
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Jr., John T. Noonan
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Narrowing the Nation's Power: The Supreme Court Sides with the States (Qty: 5)
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Jr., John T. Noonan
University of California Press. Hardcover. 0520235746 Good condition. May have some markings & or shelfwear. All pages intact. Immediate shipping for all orders and FREE STANDARD DELIVERY on Domestic US Orders! International, APO, FPO and PO Box addresses accepted. All of our titles are exactly the same title as shown and are 100% Guaranteed! Used items may not include extras such as infotrac, CD or other web access codes. We recommend expedited shipping for fastest delivery. Standard shipping may take up to 14 business days. . Good. ( more information) Offered by Paperleaf Books (United States)
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Narrowing the Nation's Power: The Supreme Court Sides With the States
Noonan, John Thomas, Jr
Berkelely, CA: Univ of California Press, 2002. Clean, tight text. Dust jacket shows slight edgewear. Dust jacket now covered with a clear, polyester film protector.. ISBN: 0520235746. Hard Cover. Fine/Fine. UNITED STATES SUPREME COURT GOVERNMENT. ( more information) Offered by Twin Tomes Booksellers (United States)
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Narrowing the Nation's Power: The Supreme Court Sides with the States
Jr., John T. Noonan
University of California Press. Hardcover. 0520235746 New with very slight shelf wear from time on shelf (like you'd see at a major chain). We ship daily, provide personalized customer service and want you to have a great experience purchasing from us. Thank you for your consideration. . New. ( more information) Offered by BennettBooksLtd (United States)
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