Interpreting Florida S Constitution

Author : Patrick John McGinley
Publisher : Unknown
Page : 128 pages
File Size : 44,6 Mb
Release : 2017-12-19
Category : Electronic
ISBN : 1389110303

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Interpreting Florida's Constitution by Patrick John McGinley Pdf

This law school casebook analyzes the Constitution of the State of Florida. It begins with the idea of a state being a "laboratory of democracy" where rights may be expanded or invented within the minimum requirements of the federal constitution. It explores the question of how a state constitution can produce its own jurisprudence in light of the supremacy of the United States Constitution. It outlines the canons of construction for the Florida Constitution. It introduces the concept that a state constitution can be a source of heightened civil liberties and fundamental rights. It explores this issue in greater detail by using the Florida Constitution as an example. It identifies Florida Constitutional rights without an exact parallel to those in the text of the US Constitution and asks whether Florida has taken its own path in interpreting or implementing the identified constitutional rights. It introduces rights enumerated in the text of the Florida Constitution that are not embodied in the text of the US Constitution. In so doing, it compares Florida's approach to those of other state constitutions. It addresses the familiar refrain that unlike the federal constitution a state's constitution is a restriction upon power not a grant of power. It looks at state constitutional criminal procedure by examining the ancient origin of the jury and the recent origin of Florida criminal procedure. Finally, it examines the US Supreme Court's acceptance of a state's inherent police power, and state-by-state differences in zoning and nuisance law, so as to better understand how eminent domain and inverse condemnation may differ under state constitutions such as Florida's. Paperback, approx. 354 pages.

Author : Patrick John McGinley
Publisher : Unknown
Page : 672 pages
File Size : 44,5 Mb
Release : 2020-07-24
Category : Electronic
ISBN : 1531017150

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Analyzing Florida's Constitution by Patrick John McGinley Pdf

Author : Patrick John McGinley
Publisher : Law Office of Patrick John McGinley, P.A.
Page : 544 pages
File Size : 42,8 Mb
Release : 2017-12-21
Category : Law
ISBN : 8210379456XXX

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Interpreting Florida's Constitution by Patrick John McGinley Pdf

This law school casebook analyzes the Constitution of the State of Florida. It begins with the idea of a state being a "laboratory of democracy" where rights may be expanded or invented within the minimum requirements of the federal constitution. It explores the question of how a state constitution can produce its own jurisprudence in light of the supremacy of the United States Constitution. It outlines the canons of construction for the Florida Constitution. It introduces the concept that a state constitution can be a source of heightened civil liberties and fundamental rights. It explores this issue in greater detail by using the Florida Constitution as an example. It identifies Florida Constitutional rights without an exact parallel to those in the text of the US Constitution and asks whether Florida has taken its own path in interpreting or implementing the identified constitutional rights. It introduces rights enumerated in the text of the Florida Constitution that are not embodied in the text of the US Constitution. In so doing, it compares Florida's approach to those of other state constitutions. It addresses the familiar refrain that unlike the federal constitution a state's constitution is a restriction upon power not a grant of power. It looks at state constitutional criminal procedure by examining the ancient origin of the jury and the recent origin of Florida criminal procedure. Finally, it examines the US Supreme Court's acceptance of a state's inherent police power, and state-by-state differences in zoning and nuisance law, so as to better understand how eminent domain and inverse condemnation may differ under state constitutions such as Florida's.

Author : Talbot D'Alemberte
Publisher : Unknown
Page : 409 pages
File Size : 48,9 Mb
Release : 2017
Category : Constitutional law
ISBN : 0190223219

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The Florida State Constitution by Talbot D'Alemberte Pdf

"With an introduction that traces the long constitutional history of Florida, Talbot D'Alemberte provides a thorough understanding of Florida's state constitutional history. He includes an in-depth, article-by-article analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography, provides [a] ... reference guide for students, scholars, and practitioners of Florida's constitution. This second edition provides analysis of Florida's State Constitution with updated commentary focusing on the many court decisions rendered since the 1990s, summarizing the state's current jurisprudence and the increasing use of Florida's many methods of Constitution Amendment, including initiative, Legislative, Constitution Revision Commission and Tax and Budget Reform Commission adopted proposals."--

Author : John Frederick Cooper,Thomas C. Marks
Publisher : Unknown
Page : 942 pages
File Size : 42,5 Mb
Release : 2001
Category : Law
ISBN : STANFORD:36105060784068

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Florida Constitutional Law by John Frederick Cooper,Thomas C. Marks Pdf

Florida Constitutional Law, a casebook used throughout Florida since 1992, is now available in a new edition. This new edition updates, deepens, and refines its focus on an array of state constitutional points. The chapters include the functions of a state constitution and how the Florida constitution is amended; separation of power issues; the major constitutional limits on legislative power; the constitutional jurisdiction of the Florida courts, as well as the separation of powers limits on the courts that resemble the article III limits on federal judicial power; units of local government and their relationship to the state and each other; the major constitutional limitations on taxation and borrowing; a selected review of various sections of the Florida constitution's declaration of rights, including Florida's privacy guarantee (which is far more extensive than privacy under the United States Constitution), and Florida's homestead provision. The third edition retains the same clear organizational scheme as the first two. Although principally a casebook, the cases are stitched together with both text and problem sets. Four basic changes have been made: the depth of coverage has been increased; more explanatory text has been added to link the major edited cases together; additional chapter subheadings have been added; and new cases have been substituted for older ones.

Author : Robert M. Jarvis
Publisher : Unknown
Page : 128 pages
File Size : 46,7 Mb
Release : 2020
Category : Constitutional law
ISBN : 1647081335

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Florida Constitutional Law in a Nutshell by Robert M. Jarvis Pdf

"This book provides a comprehensive overview of the Florida Constitution. After briefly describing the constitution's history (chapter 1), it organizes the constitution's numerous subjects into five discrete units: sovereignty (chapters 2-4); citizens' rights (chapters 5-12); government operations (chapters 13-19); public finances (chapters 20-22); and constitutional amendments (chapters 23-24). Specific sections of the constitution can be accessed quickly using the book's finding table. The text includes more than 1,000 case citations; extensive references to primary and secondary sources; and a select bibliography."--Publisher.

Author : State of State of Florida
Publisher : Unknown
Page : 157 pages
File Size : 42,7 Mb
Release : 2020-12-02
Category : Electronic
ISBN : 9798575526063

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The Constitution of the State of Florida by State of State of Florida Pdf

Current version of the Florida Constitution. Printed on high quality paper with clear text. The Constitution of the State of Florida is the document that establishes and describes the powers, duties, structure and function of the government of the U.S. state of Florida, and establishes the basic law of the state. The current Constitution of Florida was ratified on November 5, 1968.Florida has been governed by six different constitutions since acceding to the United States. Before 1838, only the Spanish Constitution of 1812 was briefly enacted in Florida.

Author : Florida Legislature
Publisher : Unknown
Page : 117 pages
File Size : 47,7 Mb
Release : 2018-05-28
Category : Electronic
ISBN : 1983014613

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Florida Constitution by Florida Legislature Pdf

This is Florida Constitution current as of May 28 2018.

Author : Jon L. Mills
Publisher : Oxford University Press
Page : 406 pages
File Size : 46,7 Mb
Release : 2008
Category : Law
ISBN : 9780195367355

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Privacy by Jon L. Mills Pdf

"Privacy: The Lost Right is an authoritative overview of privacy in today's intrusive world. By analyzing the history and context of modern common law, tort, statutory and constitutional protections for the individual, Jon L. Mills exposes the complex web of laws and policies that fail to provide privacy protection. Identifying specific violations against privacy rights, such as identity theft, tabloid journalism, closed-circuit television, blogs, and Right to Die, he also provides a comprehensive assessment of privacy and legal remedies in the United States. Mills uses his experience as a former policy maker formulating Florida's constitutional privacy provisions and as an attorney in celebrity privacy cases to provide the leader with an understanding of the increasing intrusions in privacy rights, the possible harm, and available protections."--BOOK JACKET.

Author : Goodwin Liu,Pamela S. Karlan,Christopher H. Schroeder
Publisher : Oxford University Press
Page : 272 pages
File Size : 40,9 Mb
Release : 2010-08-05
Category : Political Science
ISBN : 9780199750665

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Keeping Faith with the Constitution by Goodwin Liu,Pamela S. Karlan,Christopher H. Schroeder Pdf

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Author : Stephen L. Newman
Publisher : State University of New York Press
Page : 291 pages
File Size : 42,9 Mb
Release : 2012-02-01
Category : Political Science
ISBN : 9780791485842

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Constitutional Politics in Canada and the United States by Stephen L. Newman Pdf

Comparative study of American and Canadian constitutionalism, especially rights jurisprudence.

Author : Anonim
Publisher : Unknown
Page : 50 pages
File Size : 52,8 Mb
Release : 1982
Category : Cities and towns
ISBN : NWU:35556021199971

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Growth Management and Transportation by Anonim Pdf

Author : Alexander Hamilton,John Jay,James Madison
Publisher : Read Books Ltd
Page : 455 pages
File Size : 52,9 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 : Antonin Scalia
Publisher : Princeton University Press
Page : 197 pages
File Size : 47,6 Mb
Release : 2018-01-30
Category : Law
ISBN : 9780691174044

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A Matter of Interpretation by Antonin Scalia Pdf

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

Author : John Frederick Cooper,Thomas C. Marks
Publisher : Unknown
Page : 800 pages
File Size : 48,6 Mb
Release : 2006
Category : Law
ISBN : STANFORD:36105064152742

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Florida Constitutional Law by John Frederick Cooper,Thomas C. Marks Pdf

Florida Constitutional Law, a casebook used in Florida since 1992, is now in its fifth edition. Authors Cooper, Dunham and Woody include the functions of a state constitution and how the Florida constitution is amended; separation of power issues; the major constitutional limits on legislative power; the constitutional jurisdiction of Florida courts, as well as the separation of powers limits on the courts that resemble the Article III limits on federal judicial power; units of local government and their relationship to the state and each other; the major constitutional limitations on taxation and borrowing; a selected review of various provisions of the Declaration of Rights, including Florida¿s privacy guarantee (which is far more extensive than privacy under the United States Constitution); and Florida's homestead provision. The authors have made this edition more user friendly than the fourth edition and have created an accompanying teacher's manual.