Alden v. Maine and the jurisprudence of structure. From: William and Mary Law Review | Date: May 1, 2000| Author: Young, Ernest A. | COPYRIGHT 2000 College of William and Mary, Marshall Wythe School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group.Copyright information

Last term's decision in Alden v. Maine(1) is the latest chapter in the Rehnquist Court's effort to revive federalism doctrine as a meaningful limit on the power of the national government. The Court had already held, in Seminole Tribe v. Florida,(2) that the Constitution embodies a principle of state sovereign immunity that is not subject to abrogation by Congress(3) Alden, however, took a significant step beyond Seminole Tribe by announcing that this constitutional immunity applie...

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