Dissent
Justice David Souter's dissent argued that the concept of sovereign immunity had been misapplied by the majority. Souter continued by noting that the idea of sovereign immunity was unclear during the period of the Constitution’s ratification. In addition, he argued, the Framers would certainly have not expected the idea to remain static over numerous years.
In addition, Souter argued that the FLSA was national in scope and, as a result, did not violate the principle of federalism as argued by the majority. Souter also argued that the claim the FLSA was unconstitutional was spurious. Such thinking, he argued, could only be reached based upon the misguided notion of sovereign immunity and notion of federalism the majority had used in reaching its decision.
Read more about this topic: Alden V. Maine
Famous quotes containing the word dissent:
“May we never confuse honest dissent with disloyal subversion.”
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“We live in oppressive times. We have, as a nation, become our own thought police; but instead of calling the process by which we limit our expression of dissent and wonder “censorship,” we call it “concern for commercial viability.””
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