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Full-Text Articles in Law
Papers, Please: Does The Constitution Permit The States A Role In Immigration Enforcement?, John C. Eastman
Papers, Please: Does The Constitution Permit The States A Role In Immigration Enforcement?, John C. Eastman
John C. Eastman
The Revival Of Federalism, John C. Eastman
The Revival Of Federalism, John C. Eastman
John C. Eastman
This article explores the efforts over the past quarter century by the conservative public interest law movement to revive the principle of federalism and, ultimately, the notion that the federal government is one of only limited, enumerated powers. Focussing on the Commerce Clause, the article traces the original meaning of the powers of the federal government over interstate commerce, as those powers were understood by those who drafted and ratified the Constitution, and contrasts that understanding with the expansionist view of the Commerce Clause adopted by the New Deal Court, which became the ruling orthodoxy for more than half a …
Altered States: Review Of John T. Noonan, Jr., 'Narrowing The Nation's Power: The Supreme Court Sides With The States', John Eastman
Altered States: Review Of John T. Noonan, Jr., 'Narrowing The Nation's Power: The Supreme Court Sides With The States', John Eastman
John C. Eastman
Conversative Ninth Circuit Judge John Noonan's book, 'Narrowing the Nation's Power: The Supreme Court Sides with the States', lambasts the Supreme Court's federalism decisions, a hallmark of the Rehnquist Court's revival of the limits on national power originally envisioned by those who drafted and ratified the Constitution. This review takes Judge Noonan to task for misconstruing the original meaning of the Constitution's Commerce Clause, for example, but agrees with his assessment that the Court's 11th Amendment jurisprudence is a doctrinal mess.
A Seminole Dissent?, John Eastman
A Seminole Dissent?, John Eastman
John C. Eastman
This article, part of a symposium on the Rehnquist Court's 11th Amendment jurisprudence, contends that the Court's holding in Seminole Tribe v. Florida, is inconsistent with the original understanding of the 11th Amendment. While the 11th Amendment recognized state sovereignty, it did so only over areas where the states remained sovereign, not over areas that had been delegated to the national government. Properly understood, therefore, state sovereign immunity from suit in federal court applies only to the diversity jurisdiction of the federal courts, not the federal question jurisdiction.
Re-Entering The Arena: Restoring A Judicial Role For Enforcing Limits On Federal Mandates, John Eastman
Re-Entering The Arena: Restoring A Judicial Role For Enforcing Limits On Federal Mandates, John Eastman
John C. Eastman
The mini-revolution in 1994 that gave Republicans control of Congress for the first time in forty years, and which led to the enactment of the Unfunded Mandate Reform Act of 1995 (UMRA) as part of the Contract with America, was designed in part to revive some foundational constitutional principles, including federalism, enumerated powers, and the non-delegation of lawmaking authority. This Article considers how successful the UMRA has been in furthering these principles and how shortcomings of the UMRA that have become evident over the past seven years might be corrected to further these principles still further. Part II of the …