ConLaw Class 8 – Federalism Limits on Congressional Power II – Eleventh Amendment

September 7th, 2017

Class 8 – 9/7/17

Federalism Limits on Congressional Power II – Eleventh Amendment

  • Popular Sovereignty v. State Sovereignty (65-66)
  • Chisolm v. Georgia (66-78).
  • 11th Amendment (78, 379)
  • Hans v. Louisiana (380 – 383)
  • City of Boerne v. Flores (408 – 417)
  • United States v. Morrison (418 – 420)
  • Nevada Dept. of Human Resources v. Hibbs (423-428)

The lecture notes are here.

Chisolm v. Georgia

The Court delivered its decision in Chisolm seritatim, meaning that each of the five Justices wrote a separate opinion.


Justice James Iredell


Justice John Blair


Justice James Wilson


Justice James Cushing


Chief Justice John Jay

Here are news clippings from the Columbian Centinel, a newspaper in Boston, from March 13, 1973.

City of Boerne v. Flores

Here are photographs of St. Peter the Apostle Church in Boerne, Texas, the subject of City of Boerne v. Flores. I suppose this church makes an exception to the “Though Shalt Not Kill” Commandment for the Religious Freedoms Restoration Act, which met its constitutional demise within the hallowed walls of this house of worship.

These photographs are courtesy of Hanah Volokh.

United States v. Morrison

This is Christy Brzonkala, the plaintiff in what would become United States v. Morrison. I could not find a photograph of Antonio J. Morrison and James Crawford.