Annotation on the U.S. Supreme Court's Judgments regarding relations between the Eleventh Amendment and the Fourteenth Amendment

2019 ◽  
Vol 39 (3) ◽  
pp. 109-137
Author(s):  
Won Seok Kwak
Keyword(s):  
Fourteenth Amendment ◽  
Eleventh Amendment ◽  
The U.S

“The Real Nature and Spirit of Our Lives”

2018 ◽  
Author(s):  
Amanda Porterfield
Keyword(s):  
Economic Growth ◽  
African Americans ◽  
Social Organization ◽  
Labor Unions ◽  
Social Evolution ◽  
Fourteenth Amendment ◽  
The Real ◽  
Real Nature ◽  
Republican Liberty ◽  
The U.S

Proponents of social evolution blurred boundaries between commerce and Christianity after the Civil War, championing Christian work as a means to economic growth, republican liberty, and national prosperity. Meanwhile, workers invoked Christ to condemn patronizing attitudes toward labor, and by organizing labor unions to hold capitalists accountable to Pauline ideals of social membership. Influenced by organic theories of social organization that traced modern corporations to medieval institutions, U.S. courts began recognizing corporations as natural persons protected by rights guaranteed in the Fourteenth Amendment of the U.S. Constitution, which had originally be crafted to protect the rights of African Americans.

Why Care What the Constitution Says?

2013 ◽  
Author(s):  
Randy E. Barnett
Keyword(s):  
Fourteenth Amendment ◽  
Natural Rights ◽  
Police Power ◽  
Original Meaning ◽  
Commerce Clause ◽  
Ninth Amendment ◽  
Constitutional Legitimacy ◽  
The U.S

This book examines whether the U.S. Constitution—either as written or as actually applied—is legitimate. It argues that the most commonly held view of constitutional legitimacy—the “consent of the governed”—is wrong because it is a standard that no constitution can meet. It shows why holding the Constitution to this unattainable ideal both undermines its legitimacy and allows others to substitute their own meaning for that of the text. The book considers the notion of “natural rights” as “liberty rights,” along with the nature and scope of the so-called police power of states. Furthermore, it analyzes the original meaning of key provisions of the text that have been either distorted or excised entirely from the judges' Constitution and ignored: the Commerce Clause and the Necessary and Proper Clause in the original Constitution, the Ninth Amendment, and the Privileges or Immunities Clause of the Fourteenth Amendment.

An Inconsistent Jurisprudence: The Doctrinal Spectrum

2020 ◽  
pp. 93-136
Author(s):  
Edward A. Jr. Purcell
Keyword(s):  
Affirmative Action ◽  
First Amendment ◽  
Free Speech ◽  
Fourteenth Amendment ◽  
Commerce Clause ◽  
Constitutional Jurisprudence ◽  
The U.S

This chapter explores Justice Antonin Scalia’s constitutional jurisprudence across the broad range of issues he addressed. The chapter shows that he contradicted his originalist jurisprudence in interpreting the First Amendment (both its free speech and religion clauses) as well as the Fourth, Fifth, and Eleventh Amendments, and that he did the same in construing a variety of other constitutional doctrines including those involving standing, the treaty power, affirmative action, the Commerce Clause, the Fourteenth Amendment, and the U.S. Supreme Court’s own appellate jurisdiction. The chapter argues that he frequently twisted, ignored, and abandoned his jurisprudential principles and methodologies he proclaimed and that the principal consistency his decisions and opinions reveal was his commitment to his own ideological goals and values.

The Fruition of Black Power

Free the Land ◽  
2020 ◽  
pp. 43-78
Author(s):  
Edward Onaci
Keyword(s):  
Puerto Rico ◽  
Everyday Life ◽  
Lived Experience ◽  
Political Identity ◽  
Fourteenth Amendment ◽  
Indigenous Nations ◽  
Political Relationships ◽  
Political Office ◽  
Intellectual Foundations ◽  
The U.S

Chapter 2 analyzes the movement’s intellectual foundations. It uses the theoretical power of the New Afrikan concept “paper-citizen” to explain the various founding documents, including the RNA Declaration of Independence, the New Afrikan Oath, and more. Highlighting the major ideas from these documents reveals several important concepts through which New Afrikans critiqued the Fourteenth Amendment to the U.S. Constitution and organized around their concept of New Afrikan citizenship. Besides the question of citizenship, New Afrikan political identity, Third World solidarity, and the governmental—not organizational—apparatus anchored a significant portion of known New Afrikan activism. Specific actions, such as supporting the independence of Puerto Rico, seeking out political relationships with U.S. indigenous nations, and running for political office exemplify NAPS as a lived experience of ideology. An assessment of those outcomes and the ideas behind them prepare readers for a deeper exploration of how and when NAPS and everyday life intersected within individual persons. The term lifestyle politics captures this phenomenon.

scholarly journals The Verdict of Five out of Six Civil Jurors: Constitutional Problems

1982 ◽  
Vol 7 (1) ◽  
pp. 141-156 ◽  
Author(s):  
Hans Zeisel
Keyword(s):  
Supreme Court ◽  
Due Process ◽  
Fourteenth Amendment ◽  
State Constitution ◽  
The U.S

A criminal jury of fewer than 6 members and a jury in which 5 out of 6 can find a verdict were held unconstitutional by the U.S. Supreme Court for failing to meet the requirements of due process as mandated by the Fourteenth Amendment. In four states—Michigan is one of them—the 5 out of 6 jury is the standard civil jury. Two questions are raised: first, whether such a jury violates the Michigan state constitution; second, whether such a 5 out of 6 civil jury violates the federal Constitutiton even though the civil jury is not protected by the Fourteenth Amendment.

scholarly journals Transgender Tropes & Constitutional Review

2020 ◽  
Author(s):  
Jennifer L. Levi ◽  
Kevin M. Barry
Keyword(s):  
Twentieth Century ◽  
Gender Norms ◽  
Fourteenth Amendment ◽  
Transgender People ◽  
Constitutional Review ◽  
Late Twentieth ◽  
Constitutional Protections ◽  
Late Twentieth Century ◽  
The U.S ◽  
Trump Administration

Published: Jennifer L. Levi & Kevin M. Barry, Transgender Tropes & Constitutional Review, 37 YALE L. & POL'Y REV. 589 (2019).The Trump administration is aggressively and systematically rolling back policies that protect transgender people. History teaches that these governmental attacks are not new, but instead represent the latest salvo in a long but losing battle to disparage transgender people, who have been ruthlessly depicted as criminals, deviants, and selfish iconoclasts. Notwithstanding the current administration's open hostility toward transgender people, constitutional protections endure. This Article discusses the evolution of government discrimination against transgender people-from laws that criminalized the violation of gender norms in the late twentieth century to the present-day exclusion of transgender people from the U.S. military-and transgender people's continued efforts to secure recognition of their rights under the Fourteenth Amendment.

Fraud & Abuse: Fourth Circuit Holds Eleventh Amendment Bars Qui Tam Suit Against State in Federal Court

1999 ◽  
Vol 27 (2) ◽  
pp. 201-202
Author(s):  
Allan Gomes
Keyword(s):  
United States ◽  
Federal Court ◽  
District Court ◽  
False Claims Act ◽  
Court Of Appeals ◽  
Federal Intervention ◽  
Private Citizen ◽  
Northern District ◽  
Eleventh Amendment ◽  
The U.S

The U.S. Court of Appeals for the Fifth Circuit ruled, in United States u. Texus Tech University, 171 F.3d 279 (5th Cir. 1999), that the Eleventh Amendment bars a private citizen from bringing a qui tam action in federal court against a state, absent federal intervention.Intervenor Carol Foulds was a dermatology resident at the Texas Tech Health Services Center. While a resident, Foulds examined patients, made diagnoses, and prescribed treatments for patients. Foulds alleged that she and other residents performed these medical services without the supervision of staff physicians. Foulds further alleged that, after residents performed these services without physician oversight, staff physicians signed charts and Medicare and Medicaid billing forms certifying that they personally performed or supervised the administration of these services. Foulds estimates approximately 500,000 false claims occurred in a span of ten years.In 1995, Foulds filed a qui tam action with the U.S. District Court for the Northern District of Texas. As regulated by the False Claims Act (FCA), 31 U.S.C. § 3729(b)(2) (West 1998), the complaint remained under seal.

Freedom as Accumulation

Black Market ◽  
2020 ◽  
pp. 17-48
Author(s):  
Aaron Carico
Keyword(s):  
New York ◽  
Fourteenth Amendment ◽  
Court Case ◽  
World Systems ◽  
Economic Relations ◽  
Supreme Court Case ◽  
History Of ◽  
World Systems Analysis ◽  
Southern Country ◽  
The U.S

This chapter reassembles the immediate and concrete history of abolition after 1865, from the counter of the Southern country store to the international trade in cotton, as it sorts out the mechanisms of law and arrangements of political economy that chaperoned the tremendous value incarnated in slaves across the gulf of the Civil War. It explains how citizenship for the formerly enslaved was tethered to the racialization of debt and how the legal relations of formal abolition were actually economic relations of credit. This chapter analyzes the legal history of the Fourteenth Amendment and the interlocking forms of theft it enabled, from Southern sharecropping to New York corporations, from the Freedman’s Bank to the U.S. national debt, showing how liberalism is enmeshed with colonialism. Through a landmark Supreme Court case in 1897, this chapter describes how the personhood of the freed enabled the white accumulation of finance capital through global cotton markets, engaging with the theories of Giovanni Arrighi and world-systems analysis.

scholarly journals The Scales of Reproductive Justice: Casey’s Failure to Rebalance Liberty Interests in the Racially Disparate State of Maternal Medicine

2020 ◽  
pp. 241
Author(s):  
Mallori Thompson
Keyword(s):  
Black Women ◽  
Maternal Mortality ◽  
Mortality Rates ◽  
Fourteenth Amendment ◽  
Mortality Data ◽  
Reproductive Justice ◽  
The Right ◽  
Roe V Wade ◽  
The U.S ◽  
Maternal Medicine

Despite the maternal medicine crisis in the U.S., especially for Black women, legislatures are challenging constitutional abortion doctrine and forcing women to interact with a system that may cost them their lives. This Article proposes that because of abysmal maternal mortality rates and the arbitrary nature of most abortion restrictions, the right to choose an abortion is embedded in our Fourteenth Amendment right to not be arbitrarily deprived of life by the State. This Article is a call to abortion advocates to begin submitting state maternal mortality data when challenging abortion restrictions. The call for attention to life was central to the holding in Roe v. Wade and is central to rebalancing the scales of reproductive justice.

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