States In American Constitutionalism

States In American Constitutionalism Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of States In American Constitutionalism book. This book definitely worth reading, it is an incredibly well-written.

States in American Constitutionalism

Author : Bradley D. Hays
Publisher : Routledge
Page : 196 pages
File Size : 52,6 Mb
Release : 2019-05-13
Category : Political Science
ISBN : 9781135055615

Get Book

States in American Constitutionalism by Bradley D. Hays Pdf

States in American Constitutionalism: Interpretation, Authority, and Politics examines the often overlooked role that states have played in the development and maintenance of American constitutionalism by examining the purpose and effect of state resolutions on national constitutional meaning. From colonial practices through contemporary politics, subnational governments have made claims about what national constitutional provisions and principles ought to mean, fashioned political coalitions to back them, and asserted their authority to provoke constitutional settlement. Yet, this practice has been far from static. Political actors have altered the practice in response to their interpretive objectives and the political landscape of the day. States in American Constitutionalism explains both the development of the practice and the way each innovation to the practice affected subsequent iterations. Hays presents a series of case studies that explore the origins of the practice in colonial constitutionalism, its function in the early Republic, subsequent developments in antebellum and twentieth century politics, and contemporary practice in the first two decades of the twenty-first century. States in American Constitutionalism will be of great interest to students and academics interested in constitutional law and politics, political and constitutional development, and federalism.

The Constitutionalism of American States

Author : George E. Connor,Christopher W. Hammons
Publisher : University of Missouri Press
Page : 849 pages
File Size : 48,6 Mb
Release : 2008
Category : Law
ISBN : 9780826266057

Get Book

The Constitutionalism of American States by George E. Connor,Christopher W. Hammons Pdf

"This comparative study of state constitutions offers insightful overviews of the general and specific problems that have confronted America's constitution writers since the country's founding. Each chapter reflects the constitutional theory and history of a single state, encompassing each document's structure, content, and evolution"--Provided by publisher.

A New Introduction to American Constitutionalism

Author : Mark A. Graber
Publisher : Oxford University Press
Page : 307 pages
File Size : 52,7 Mb
Release : 2015-03-06
Category : Law
ISBN : 9780190245238

Get Book

A New Introduction to American Constitutionalism by Mark A. Graber Pdf

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution, ? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.

American Constitutionalism

Author : Stephen M. Griffin
Publisher : Princeton University Press
Page : 228 pages
File Size : 43,7 Mb
Release : 1998-07-27
Category : Law
ISBN : 9781400822126

Get Book

American Constitutionalism by Stephen M. Griffin Pdf

Despite the outpouring of works on constitutional theory in the past several decades, no general introduction to the field has been available. Stephen Griffin provides here an original contribution to American constitutional theory in the form of a short, lucid introduction to the subject for scholars and an informed lay audience. He surveys in an unpolemical way the theoretical issues raised by judicial practice in the United States over the past three centuries, particularly since the Warren Court, and locates both theory and practices that have inspired dispute among jurists and scholars in historical context. At the same time he advances an argument about the distinctive nature of our American constitutionalism, regarding it as an instance of the interpenetration of law and politics. American Constitutionalism is unique in considering the perspectives of both law and political science in relation to constitutional theory. Constitutional theories produced by legal scholars do not usually discuss state-centered theories of American politics, the importance of institutions, behaviorist research on judicial decision making, or questions of constitutional reform, but this book takes into account the political science literature on these and other topics. The work also devotes substantial attention to judicial review and its relationship to American democracy and theories of constitutional interpretation.

The Complete American Constitutionalism

Author : Mark A. Graber,Howard Gillman
Publisher : Oxford University Press
Page : 561 pages
File Size : 52,6 Mb
Release : 2015
Category : Constitutional history
ISBN : 9780190877514

Get Book

The Complete American Constitutionalism by Mark A. Graber,Howard Gillman Pdf

Présentation de l'éditeur : "The Complete American Constitutionalism is designed to be the comprehensive treatment and source for debates on the American constitutional experience. It provides the analysis, resources, and materials both domestic and foreign readers must understand with regards to the practice of constitutionalism in the United States. This first part to Volume Five of the series covers: The Constitution of the Confederate States. The authors offer a comprehensive analysis of the constitution of the Confederate States during the American Civil War. Confederate constitutionalism presents the paradox of a society constitutionally committed to human and white supremacy whose constitutional materials rarely dwell on human bondage and racism. The foundational texts of Confederate constitutionalism maintain that racial slavery was at the core of secession and southern nationality. This volume provides the various speeches, ordinances and declarations, cases, and a host of other sources accompanied by detailed historical commentary."

The Foundations of American Constitutionalism

Author : Andrew Cunningham McLaughlin
Publisher : The Lawbook Exchange, Ltd.
Page : 184 pages
File Size : 49,6 Mb
Release : 2002
Category : Constitutional history
ISBN : 9781584772279

Get Book

The Foundations of American Constitutionalism by Andrew Cunningham McLaughlin Pdf

This study locates the principles of the United States Constitution in the political philosophy of colonial New England, Puritan practices and the ideals of English personal rights and limited government common to all of the colonies.

The Origins of American Constitutionalism

Author : Donald S. Lutz
Publisher : Lsu Press
Page : 178 pages
File Size : 47,7 Mb
Release : 1988
Category : History
ISBN : 0807115061

Get Book

The Origins of American Constitutionalism by Donald S. Lutz Pdf

In The Origins of American Constitutionalism, Donald S. Lutz challenges the prevailing notion that the United States Constitution was either essentially inherited from the British or simply invented by the Federalists in the summer of 1787. His political theory of constitutionalism acknowledges the contributions of the British and the Federalists. Lutz also asserts, however, that the U.S. Constitution derives in form and content from a tradition of American colonial characters and documents of political foundation that began a century and a half prior to 1787. Lutz builds his argument around a close textual analysis of such documents as the Mayflower Compact, the Fundamental Orders of Connecticut, the Rode Island Charter of 1663, the first state constitutions, the Declaration of Independence, and the Articles of Confederation. He shows that American Constitutionalism developed to a considerable degree from radical Protestant interpretations of the Judeo-Christian tradition that were first secularized into political compacts and then incorporated into constitutions and bills of rights. Over time, appropriations that enriched this tradition included aspects of English common law and English Whig theory. Lutz also looks at the influence of Montesquieu, Locke, Blackstone, and Hume. In addition, he details the importance of Americans' experiences and history to the political theory that produced the Constitution. By placing the Constitution within this broader constitutional system, Lutz demonstrates that the document is the culmination of a long process and must be understood within this context. His argument also offers a fresh view of current controversies over the Framers' intentions, the place of religion in American politics, and citizens' continuing role in the development of the constitutional tradition.

Private Property and the Limits of American Constitutionalism

Author : Jennifer Nedelsky
Publisher : University of Chicago Press
Page : 358 pages
File Size : 54,6 Mb
Release : 1994-06-15
Category : Law
ISBN : 9780226569710

Get Book

Private Property and the Limits of American Constitutionalism by Jennifer Nedelsky Pdf

Federalists vision of the Constitution; an interdisciplinary investigation.

The American State Constitutional Tradition

Author : John J. Dinan
Publisher : University Press of Kansas
Page : 447 pages
File Size : 48,9 Mb
Release : 2006-04-14
Category : Political Science
ISBN : 9780700616893

Get Book

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.

Constitutional Politics in Canada and the United States

Author : Stephen L. Newman
Publisher : State University of New York Press
Page : 291 pages
File Size : 54,6 Mb
Release : 2012-02-01
Category : Political Science
ISBN : 9780791485842

Get Book

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

The Canadian constitutional reforms of 1982, which included a Charter of Rights and Freedoms analogous to the American Bill of Rights, brought about a convergence with American constitutional law. As in the U.S., Canadian courts have shown themselves highly protective of individual rights, and they have not been shy about assuming a leading and sometimes controversial political role in striking down legislation. In clear and easy-to-understand language, the contributors not only chart, but also explore, the reasons for areas of similarity and difference in the constitutional politics of Canada and the United States.

51 Imperfect Solutions

Author : Judge Jeffrey S. Sutton
Publisher : Oxford University Press
Page : 288 pages
File Size : 50,6 Mb
Release : 2018-05-07
Category : Electronic
ISBN : 9780190866068

Get Book

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.

American Constitutionalism

Author : Howard Gillman,Mark A. Graber,Keith E. Whittington
Publisher : Unknown
Page : 128 pages
File Size : 48,8 Mb
Release : 2021
Category : Constitutional history
ISBN : 0197527698

Get Book

American Constitutionalism by Howard Gillman,Mark A. Graber,Keith E. Whittington Pdf

"Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Rather, a robust and meaningful understanding of American Constitutionalism requires a consideration of the historical and political context in which the Supreme Court delivers its rulings. With this premise as a point of departure, renowned legal scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington move beyond traditional casebooks and take a refreshingly innovative approach to the study of Constitutional Law in American Constitutionalism Volumes I and II. Organized according to the standard two-semester Constitutional Law sequence, Volume I covers "Structures of Government" and Volume II covers "Rights and Liberties." Moreover, this text is offers a unique approach to its subject matter organizing the material within each volume according to historical era instead of the typical issues-based approach. Given the rapid pace of Supreme Court decisions, the landscape of Constitutionalism in the United States remains dynamic and fluid. As such, the new edition of American Constitutionalism Volumes I and II will include full coverage of major Supreme Court cases, decisions, and their political contexts through 2020, including coverage of the Obama and Trump administrations"--

A New Introduction to American Constitutionalism

Author : Mark A. Graber
Publisher : Oxford University Press
Page : 320 pages
File Size : 47,5 Mb
Release : 2013-10-02
Category : Law
ISBN : 9780199338405

Get Book

A New Introduction to American Constitutionalism by Mark A. Graber Pdf

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution,? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.

State Constitutions for the Twenty-first Century, Volume 3

Author : G. Alan Tarr,Robert F. Williams
Publisher : SUNY Press
Page : 384 pages
File Size : 51,9 Mb
Release : 2007-06-01
Category : Political Science
ISBN : 0791467120

Get Book

State Constitutions for the Twenty-first Century, Volume 3 by G. Alan Tarr,Robert F. Williams Pdf

Nationally recognized experts analyze how states deal with major constitutional issues.

State Constitutions for the Twenty-first Century, Volume 1

Author : Robert F. Williams,G. Alan Tarr
Publisher : State University of New York Press
Page : 226 pages
File Size : 42,7 Mb
Release : 2006-06-01
Category : Political Science
ISBN : 9780791482452

Get Book

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

Through illuminating case studies of reform efforts in Alabama, California, Colorado, Florida, New York, and Virginia, this book—the first of three volumes—provides the first systematic analysis of the political obstacles to state constitutional reform. For those seeking constitutional reform, this useful resource can spell the difference between success and failure, and for those interested in state politics or constitutional politics, it offers rare insight into a distinctive aspect of American constitutionalism. Written by eminent scholars who were, in many cases, also active participants in the reform campaign, the essays provide practical experience, expert analysis, and lessons for future constitutional reformers.