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The Judicial Power of the United States : The Eleventh Amendment in American History pdf

The Judicial Power of the United States : The Eleventh Amendment in American History pdf

The Judicial Power of the United States : The Eleventh Amendment in American History by William Rand Kenan Jr Professor of Law John V Orth
The Judicial Power of the United States : The Eleventh Amendment in American History
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Author: William Rand Kenan Jr Professor of Law John V Orth
Number of Pages: 244 pages
Published Date: 01 Jun 1993
Publisher: Oxford University Press, USA
Publication Country: New York, NY, United States
Language: English
Format: eBook
ISBN: 9780195040999
File size: 49 Mb
Download Link: the judicial power of the united states the eleventh amendment in american history
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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.

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