Judge Noonan's J'Accuse. . . !
20 Pages Posted: 16 Nov 2003
Date Written: April 5, 2003
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: Suggested Citation