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The Judicial Power of the United States : The Eleventh Amendment in American History - John V. Orth

The Judicial Power of the United States

The Eleventh Amendment in American History

Hardcover

Published: 22nd January 1987
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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.

"Very readable...Presents an interesting exploration of the limits of sovereign immunity in a nation under the rule of law, and in so doing it offers an intriguing slice of legal history. With its excellent bibliographic essays, this book is a valuable addition to American studies."--Journal of American History "A serious study and a worthy contribution to legal history."--Aviam Soifer, Boston University Law School "Orth has contributed a strikingly new and important revelation about the Compromise of 1877, the end of Reconstruction, and the economic as well as judicial consequences of Reunion."--C. Vann Woodward, Yale University "[A] lively and fascinating history of the Eleventh Amendment."--Stanley N. Katz, Princeton University "Illuminating...with Professor Orth's expert guidance, the Eleventh Amendment is revealed as an integral part of our political and social history, and as a dramatic illustration of the nature and limits of judicial power."--David L. Shapiro, Harvard Law School "Very readable...Presents an interesting exploration of the limits of sovereign immunity in a nation under the rule of law, and in so doing it offers an intriguing slice of legal history. With its excellent bibliographic essays, this book is a valuable addition to American studies."--Journal of American History "A serious study and a worthy contribution to legal history."--Aviam Soifer, Boston University Law School "Orth has contributed a strikingly new and important revelation about the Compromise of 1877, the end of Reconstruction, and the economic as well as judicial consequences of Reunion."--C. Vann Woodward, Yale University "[A] lively and fascinating history of the Eleventh Amendment."--Stanley N. Katz, Princeton University "Illuminating...with Professor Orth's expert guidance, the Eleventh Amendment is revealed as an integral part of our political and social history, and as a dramatic illustration of the nature and limits of judicial power."--David L. Shapiro, Harvard Law School

Introductionp. 3
Ratification of the Eleventh Amendmentp. 12
Early Interpretationp. 30
Reconstruction and American Lawp. 47
The Eleventh Amendment and the End of Reconstruction: Louisiana and North Carolinap. 58
An Exception: Virginiap. 90
Another Exception: Cities and Countiesp. 110
From 1890 to 1908p. 121
After Ex Parte Young: The Eleventh Amendment in the Twentieth Centuryp. 136
An Epilogue on the Rule of Law and Legal Historyp. 153
Notesp. 161
Bibliographic Essayp. 185
Table of Casesp. 209
Table of Constitutions and Statutesp. 215
Indexp. 221
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780195040999
ISBN-10: 0195040996
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 246
Published: 22nd January 1987
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 21.6 x 14.6  x 2.3
Weight (kg): 0.5