Is the Sky Falling on the Federal Government? State Sovereign Immunity, the Section Five Power, and the Federal Balance

From: Texas Law Review | Date: May 1, 2003| Author: Young, Ernest A | Copyright information

NARROWING THE NATION'S POWER: THE SUPREME COURT SIDES WITH THE STATES. By John T. Noonan, Jr.[dagger] Berkeley: The University of California Press, 2002. Pp. ix, 203. $24.95.[double dagger]

Judge John T. Noonan, Jr. is worried about America. The Supreme Court, he says, has come to see itself as "the protector of the fifty states."1 As such, the Court has embarked on a course of decisions that "has, by its own will, moved the middle ground [between federal and state authority] and narro...

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