Judge Noonan\u27s J\u27accuse . . . !

Abstract

This review of John 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\u27s recent federalism decisions have done violence to the Constitution, and put Congress\u27s ability to govern effectively at risk. I conclude that while one may quarrel with aspects of the Court\u27s 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

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