The Judicial Power of the United States: The Eleventh Amendment in American HistoryOxford University Press, 1987 M01 22 - 244 páginas Although less than fifty words long, the meaning of the seemingly simple Eleventh Amendment has troubled the Supreme Court at crucial points in American history and continues to spur sharp debate in present-day courts. The first amendment adopted after the Bill of Rights, the Eleventh Amendment limits the exercise of U.S. judicial power when American states are sued. Its modern meaning was largely shaped around cases concerning the liability of Southern states to pay their debts during and after Reconstruction; by shielding states from liability, the Supreme Court's interpretation of the Eleventh Amendment eased the establishment of post-Reconstruction Southern society and left a maddeningly complicated law of federal jurisdiction. Here, Orth reconstructs the fascinating but obscure history of the Eleventh Amendment--the labyrinth of legal doctrine, the economic motives and consequences, the political context, and the legacy of the past--over the last two centuries. Using quotes from Wordsworth, Shaw, Mark Twain, Margaret Mitchell, and other writers to clarify and invigorate his narrative, Orth finally makes accessible an important but complex slice of constitutional history. |
Contenido
| 3 | |
| 12 | |
III Early Interpretation | 30 |
IV Reconstruction and American Law | 47 |
Louisiana and North Carolina | 58 |
Virginia | 90 |
Cities and Counties | 110 |
VIII From 1890 to 1908 | 121 |
The Eleventh Amendment in the Twentieth Century | 136 |
X An Epilogue on the Rule of Law and Legal History | 153 |
Notes | 161 |
Bibliographic Essay | 185 |
Table of Cases | 209 |
Table of Constitutions and Statutes | 215 |
Index | 221 |
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The Judicial Power of the United States: The Eleventh Amendment in American ... John V. Orth Vista previa limitada - 1987 |
Términos y frases comunes
16 Stat Act of Feb Act of Jan Act of March American Law attorney behalf bondholders century Chisholm cities and counties citizens Civil Rights claim Columbia Law Review Compromise of 1877 Congress consent to suit Contracts Clause controversies creditors Curtis decision dissenting diversity jurisdiction Eleventh Amendment Eleventh Amendment law enforce Ex parte Young federal Constitution federal courts federal jurisdiction Federalist foreign Fourteenth Amendment Georgia Greenhow Guthrie injunction issue John Marshall judges judicial power Judiciary Act Jumel Justice Bradley Law Journal Law of Feb lawyers legal history Legal Tender legislation legislature Louisiana Louisiana and North Marbury ment municipal N.C. Sess North Carolina obligations original understanding party plaintiffs political President railroad Ratchford ratifying Readjusters remedy repudiation South Southern bonds sovereign immunity state's statute sued suits against officers Supreme Court Swasey tion U.S. 3 Dall U.S. Const United Vann Woodward Virginia Coupon West Virginia William
Pasajes populares
Página 26 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction.
Página 56 - When a man has emerged from slavery, and by the aid of beneficent legislation has shaken off the inseparable concomitants of that state, there must be some stage in the progress of his elevation when he takes the rank of a mere citizen, and ceases to be the special favorite of the laws...
Página 57 - The object of the amendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political, equality, or a commingling of the two races upon terms unsatisfactory to either.
Página 56 - It would be running the slavery argument into the ground to make it apply to every act of discrimination which a person may see fit to make as to the guests he will entertain, or as to the people he will take into his coach or cab or car, or admit to his concert or theatre, or deal with in other matters of intercourse or business.
Página 24 - It is not rational to suppose that the sovereign power should be dragged before a court. The intent is, to enable states to recover claims of individuals residing in other states. I contend this construction is warranted by the words.
Página 24 - It is not in the power of individuals to call any state into court. The only operation it can have, is that, if a state should wish to bring a suit against a citizen, it must be brought before the federal court.
Página 64 - But it has been well settled that when a plain official duty, requiring no exercise of discretion, is to be performed, and performance is refused, any person who will sustain personal injury by such refusal may have a mandamus to compel its performance...
Página 150 - Constitution, which declares that the judicial power of the United States shall not be construed to extend to suits brought against a State by citizens of another State, or of a foreign State...
Página 26 - To what purpose would it be to authorize suits against States for the debts they owe? How could recoveries be enforced? It is evident that it could not be done without waging war against the contracting State; and to ascribe to the federal courts, by mere implication, and in destruction of a pre-existing right of the State governments, a power which would involve such a consequence, would be altogether forced and unwarrantable.
Página 32 - States authorizes the supreme court " to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.