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Chapter 30 - Sovereign Immunity and Political Questions

from Section C: Justiciability

Published online by Cambridge University Press:  13 January 2022

Mark V. Tushnet
Affiliation:
Harvard Law School, Massachusetts
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Summary

Justiciability doctrine also dealt with the amenability of states to suit in the federal courts, an issue the Court addressed in Monaco v. Mississippi, which found a general principle of state sovereign immunity embedded in the Constitution. The Court also continued to limn the controus of the law authotizing suits under limited circumstances against state officers charged with enforcing allegedly unconstitutional state laws. And, in an important and confusing decision the Court invoked standing and political questions rules to avoid deciding whether the proposed Child Labor Amendment had expired because of the lapse of time or asserted procedural irregularities in state ratification processes.

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The Hughes Court
From Progressivism to Pluralism, 1930 to 1941
, pp. 784 - 802
Publisher: Cambridge University Press
Print publication year: 2022

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