American State Constitutions

Author : Robert Williams
Publisher : Oxford University Press
Page : 456 pages
File Size : 46,7 Mb
Release : 2009-10-22
Category : Law
ISBN : 9780199711307

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The Law of American State Constitutions by Robert Williams Pdf

The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Using specific examples, Professor Williams provides legal analysis of the nature and function of state constitutions by contrast to the federal Constitution, including rights, separation of powers, policy-based provisions, the judicial interpretation issues that arise under state constitutions and the processes for their amendment and revision. Reference is made to history and political theory, but legal analysis is the primary focus. The Law of American State Constitutions provides an important analytical tool that explains the unique character and the range of judicial interpretation of these constitutions, together with the specialized techniques of argument and interpretation surrounding state constitutions. This is the first book to present a complete picture of the current body of state constitutional law and its judicial interpretation.

Author : Emily Zackin
Publisher : Princeton University Press
Page : 250 pages
File Size : 46,9 Mb
Release : 2013-04-21
Category : Law
ISBN : 9780691155784

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Looking for Rights in All the Wrong Places by Emily Zackin Pdf

Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.

Author : Alexander Hamilton,John Jay,James Madison
Publisher : Read Books Ltd
Page : 455 pages
File Size : 47,8 Mb
Release : 2018-08-20
Category : History
ISBN : 9781528785877

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The Federalist Papers by Alexander Hamilton,John Jay,James Madison Pdf

Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Author : John J. Dinan
Publisher : University Press of Kansas
Page : 447 pages
File Size : 42,8 Mb
Release : 2006-04-14
Category : Political Science
ISBN : 9780700616893

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The American State Constitutional Tradition by John J. Dinan Pdf

For too long, the American constitutional tradition has been defined solely by the U.S. Constitution drafted in 1787. Yet constitutional debates at the state level open a window on how Americans, in different places and at different times, have chosen to govern themselves. From New Hampshire in 1776 to Louisiana in 1992, state constitutional conventions have served not only as instruments of democracy but also as forums for revising federal principles and institutions. In The American State Constitutional Tradition, John Dinan shows that state constitutions are much more than mere echoes of the federal document. The first comprehensive study of all 114 state constitutional conventions for which there are recorded debates, his book shows that state constitutional debates in many ways better reflect the accumulated wisdom of American constitution-makers than do the more traditional studies of the federal constitution. Wielding extraordinary command over a mass of historical detail, Dinan clarifies the alternatives considered by state constitution makers and the reasons for the adoption or rejection of various governing principles and institutions. Among other things, he shows that the states are nearly universal in their rejection of the rigid federal model of the constitutional amendment process, favoring more flexible procedures for constitutional change; they often grant citizens greater direct participation in law-making; they have debated and at times rejected the value of bicameralism; and they have altered the veto powers of both the executive and judicial branches. Dinan also shows that, while the Founders favored a minimalist design and focused exclusively on protecting individuals from government action, state constitution makers have often adopted more detailed constitutions, sometimes specifying positive rights that depend on government action for their enforcement. Moreover, unlike the federal constitution, state constitutions often contain provisions dedicated to the formation of citizen character, ranging from compulsory schooling to the regulation of gambling or liquor. By integrating state constitution making with the federal constitutional tradition, this path-breaking work widens and deepens our understanding of the principles by which we've chosen to govern ourselves.

Author : G. Alan Tarr
Publisher : Princeton University Press
Page : 262 pages
File Size : 45,6 Mb
Release : 2000-09-25
Category : Law
ISBN : 0691070660

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Understanding State Constitutions by G. Alan Tarr Pdf

The distinctiveness of state constitutionalism -- Explaining state constitutional development -- Eighteenth-century state constitutionalism -- Nineteenth-century state constitutionalism -- Twentieth-century state constitutionalism -- State constitutional interpretation.

Author : G. Alan Tarr,Robert F. Williams
Publisher : SUNY Press
Page : 228 pages
File Size : 43,8 Mb
Release : 2006-06-01
Category : Political Science
ISBN : 0791466140

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State Constitutions for the Twenty-first Century, Volume 1 by G. Alan Tarr,Robert F. Williams Pdf

The first systematic analysis of the obstacles to state constitutional reform.

Author : Judge Jeffrey S. Sutton
Publisher : Oxford University Press
Page : 288 pages
File Size : 44,5 Mb
Release : 2018-05-07
Category : Electronic
ISBN : 9780190866068

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51 Imperfect Solutions by Judge Jeffrey S. Sutton Pdf

When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.

Author : Robert Forrest Williams
Publisher : Unknown
Page : 128 pages
File Size : 46,6 Mb
Release : 2009
Category : Constitutional law
ISBN : 0190626062

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The Law of American State Constitutions by Robert Forrest Williams Pdf

This Work provides complete coverage of American State Constitutional Law. It contrasts the more familiar federal Constitution and explains the importance of the differences. The author then surveys the state constitutions put in place before the adoption of the federal Constitution, together with their influences on the development of the federal Constitution.

Author : John Dinan
Publisher : University of Chicago Press
Page : 0 pages
File Size : 52,7 Mb
Release : 2018-04-06
Category : Political Science
ISBN : 022653278X

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State Constitutional Politics by John Dinan Pdf

Since the US Constitution came into force in 1789, it has been amended just twenty-seven times, with ten of those amendments coming in the first two years following ratification. By contrast, state constitutions have been completely rewritten on a regular basis, and the current documents have been amended on average 150 times. This is because federal amendments are difficult, so politicians rarely focus on enacting them. Rather, they work to secure favorable congressional statutes or Supreme Court decisions. By contrast, the relative ease of state amendment processes makes them a realistic and regular vehicle for seeking change. With State Constitutional Politics, John Dinan looks at the various occasions in American history when state constitutional amendments have served as instruments of governance. Among other things, amendments have constrained state officials in the way they levy taxes and spend money; enacted policies unattainable through legislation on issues ranging from minimum wage to the regulation of marijuana; and updated understandings of rights, including religious liberty, equal protection, and the right to bear arms. In addition to comprehensively chronicling the ways amendments shape politics in the states, Dinan also assesses the consequences of undertaking changes in governance through amendments rather than legislation or litigation. For various reasons, including the greater stability and legitimacy of changes achieved through the amendment process, he argues that it might be a more desirable way of achieving change.

Author : James Q. Dealey
Publisher : Da Capo Press, Incorporated
Page : 328 pages
File Size : 44,6 Mb
Release : 1972-02-21
Category : Law
ISBN : UOM:39015019109142

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Growth Of American State Constitutions by James Q. Dealey Pdf

Author : Willi Paul Adams
Publisher : Rowman & Littlefield Publishers
Page : 401 pages
File Size : 52,8 Mb
Release : 2001-12-11
Category : History
ISBN : 9780742580107

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The First American Constitutions by Willi Paul Adams Pdf

For the last twenty years this book has been cited by every serious writer on early American constitutional development. Any constitutional history of the independent United States must begin with this comprehensive study. Professor Adams combines a European perspective and a thorough knowledge of the antecedents of 1787 to create an insightful analysis of the replacement by the revolutionary generation of one government by another by—they thought—'constitutional' means. Acting for 'the people' in 11 of the 13 rebelling states, various kinds of self-empowered committees, 'congresses,' or 'conventions' created new constitutions and a system in which the states dominated over the weaker Confederation government. This volume contains two new chapters: one demonstrating precedents in the state constitutions for the U.S. Constitution, and another chapter critically testing the 'republicanism over liberalism' thesis against political ideas and institutional arrangements that constitute the first state constitutions. The bibliography has been updated to include the rich body of work written during the last two decades, much of it indebted to this pioneering study.

Author : Jennifer Friesen
Publisher : MICHIE
Page : 436 pages
File Size : 44,5 Mb
Release : 1999
Category : Actions and defenses
ISBN : UCAL:B4460790

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State Constitutional Law by Jennifer Friesen Pdf

Author : Henry Hitchcock
Publisher : Unknown
Page : 76 pages
File Size : 44,9 Mb
Release : 1887
Category : Constitutional law
ISBN : HARVARD:32044020524591

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American State Constitutions by Henry Hitchcock Pdf

Author : Francis Newton Thorpe
Publisher : Unknown
Page : 676 pages
File Size : 55,6 Mb
Release : 1909
Category : Constitutional history
ISBN : OSU:32435076586882

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The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the State, Territories, and Colonies Now Or Heretofore Forming the United States of America: Kentucky ; Massachusetts by Francis Newton Thorpe Pdf

Author : Marc W. Kruman
Publisher : UNC Press Books
Page : 244 pages
File Size : 51,6 Mb
Release : 1997
Category : History
ISBN : 0807847976

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Between Authority and Liberty by Marc W. Kruman Pdf

In a major reinterpretation of American political thought in the revolutionary era, Marc Kruman explores the process of constitution making in each of the thirteen original states and shows that the framers created a distinctively American science of poli