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The Judicial Powers of the United States - The Eleventh Amendment in American History (Hardcover)
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The Judicial Powers of the United States - The Eleventh Amendment in American History (Hardcover)
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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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