Judge Noonan's J'Accuse. . . !

20 Pages Posted: 16 Nov 2003

See all articles by Brannon P. Denning

Brannon P. Denning

Samford University - Cumberland School of Law

Date Written: April 5, 2003

Abstract

This review of Judge John T. Noonan's book, Narrowing the Nation's Power: The Supreme Court Sides with the States, critically evaluates the evidence Judge Noonan offers in support of his thesis that the Court's recent federalism decisions have done violence to the Constitution, and put Congress's ability to govern effectively at risk. I conclude that while one may quarrel with aspects of the Court's recent approach to federalism questions, the indictment Judge Noonan has penned fails to acknowledge reasonable arguments that contradict his thesis, and that he unfairly suggests that the Court has abandoned good faith legal analysis in favor of political will in rendering its recent decisions.

Keywords: Judge John T. Noonan, federalism, judicial review, 11th amendment, sovereign immunity, Commerce Clause, Boerne, 14th amendment, section 5 power

JEL Classification: K00, K30

Suggested Citation

Denning, Brannon P., Judge Noonan's J'Accuse. . . ! (April 5, 2003). Available at SSRN: https://ssrn.com/abstract=438201 or http://dx.doi.org/10.2139/ssrn.438201

Brannon P. Denning (Contact Author)

Samford University - Cumberland School of Law ( email )

800 Lakeshore Dr.
Birmingham, AL 35229
United States
205-726-2413 (Phone)
205-726-4060 (Fax)

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