Main Content
Useable Tools: Immunity
Of all the conservative innovations to cabin federal power in the name of the founding values of federalism — at least without clear textual basis — the doctrine of sovereign immunity is the most impressive. This the hardest doctrine to understand as a textual matter — except through the lens of translation — and yet it practices its fidelity to meaning with a doctrine that does not yet cross the boundaries of fidelity to role.
Notice how the majority, especially in Alden, could do better if it simply acknowledged the result as translation rather than originalism, and how the dissent is simply talking past the federalist objectives.
On dignity, how might the Grand and Petit Jury requirements be parallel? -LL
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.