The Law Of American State Constitutions

Author : Robert F. Williams,Lawrence Friedman
Publisher : Oxford University Press
Page : 513 pages
File Size : 48,5 Mb
Release : 2023-05-05
Category : Electronic
ISBN : 9780190068806

Get Book

The Law of American State Constitutions by Robert F. Williams,Lawrence Friedman Pdf

The second edition of 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. Drawing on examples from specific states, Professors Williams and Friedman analyze the nature and function of state constitutions in contrast to the federal Constitution, including rights, separation of powers, issues of interpretation, and the processes for amendment and revision. In this edition, Williams and Friedman focus on recent developments, including the state constitutional dimensions of same-sex marriage and the reaction of state courts to U.S. Supreme Court decision making. This edition of The Law of American State Constitutions remains an important analytical tool that explains the unique character and the range of interpretive approaches to these constitutions. It covers the structure of state governments under state constitutions as well as the distribution of powers among the legislative, executive, and judicial branches. Like the first edition, this edition presents a complete picture of state constitutional law and the attributes and features that make this body of law so distinctive.

Author : Robert Forrest Williams,Lawrence Friedman
Publisher : Unknown
Page : 0 pages
File Size : 51,8 Mb
Release : 2023
Category : Constitutional law
ISBN : 0190068817

Get Book

The Law of American State Constitutions by Robert Forrest Williams,Lawrence Friedman Pdf

The second edition of 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.

Author : Robert Forrest Williams
Publisher : Unknown
Page : 128 pages
File Size : 55,8 Mb
Release : 2009
Category : Constitutional law
ISBN : 0190626062

Get Book

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 : Robert Williams
Publisher : Oxford University Press
Page : 456 pages
File Size : 46,6 Mb
Release : 2009-10-22
Category : Law
ISBN : 9780199711307

Get Book

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 : 49,9 Mb
Release : 2013-04-21
Category : Law
ISBN : 9780691155784

Get Book

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 : Judge Jeffrey S. Sutton
Publisher : Oxford University Press
Page : 288 pages
File Size : 46,8 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.

Author : John J. Dinan
Publisher : University Press of Kansas
Page : 447 pages
File Size : 42,7 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.

Author : Frederic Jesup Stimson
Publisher : Unknown
Page : 422 pages
File Size : 43,7 Mb
Release : 1908
Category : Constitutional history
ISBN : UOM:39015022627569

Get Book

The Law of the Federal and State Constitutions of the United States by Frederic Jesup Stimson Pdf

Author : G. Alan Tarr
Publisher : Princeton University Press
Page : 262 pages
File Size : 53,7 Mb
Release : 2000-09-25
Category : Law
ISBN : 0691070660

Get Book

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
Publisher : Princeton University Press
Page : 261 pages
File Size : 44,9 Mb
Release : 2018-06-05
Category : Law
ISBN : 9780691188553

Get Book

Understanding State Constitutions by G. Alan Tarr Pdf

For many Americans, the word "constitution" means just one thing: the national Constitution. According to a recent survey, almost half do not know that individual states also have constitutions. Scholars have also paid little attention to state constitutions, favoring the apparently more dynamic and significant federal scene. G. Alan Tarr seeks to change that in this landmark book. A leading authority on state legal issues, he combines history, law, and political science to present a thorough and long-needed account of the distinct and important role of state constitutions in American life. Tarr shows that state constitutional politics are dominated by three crucial issues with little salience at the national level: the distribution of power among groups and regions within states, the scope of state and local governmental authority, and the relation of the state to economic activity. He explains how state constitutions differ from the national Constitution in treating not only matters of high principle but also such mundane subjects as ski trails and motor vehicle revenues. He also explores why state constitutions, unlike their federal counterpart, have been so frequently amended and replaced. Tarr concludes that the United States not only has a system of dual constitutionalism but also has dual constitutional cultures. Powerfully argued and meticulously researched, the book fills an important gap in political and legal studies and finally gives state constitutions the scholarly attention they richly deserve.

Author : Henry Hitchcock
Publisher : Unknown
Page : 74 pages
File Size : 50,8 Mb
Release : 1887
Category : Constitutional law
ISBN : UCAL:$B269797

Get Book

American State Constitutions by Henry Hitchcock Pdf

Author : Jennifer Friesen
Publisher : MICHIE
Page : 436 pages
File Size : 49,7 Mb
Release : 1999
Category : Actions and defenses
ISBN : UCAL:B4460790

Get Book

State Constitutional Law by Jennifer Friesen Pdf

Author : Francis Newton Thorpe
Publisher : Unknown
Page : 698 pages
File Size : 43,6 Mb
Release : 1909
Category : Charters
ISBN : UOM:39015056795159

Get Book

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

Author : Frank P. Grad,Robert F. Williams
Publisher : SUNY Press
Page : 152 pages
File Size : 54,9 Mb
Release : 2006-06-01
Category : Political Science
ISBN : 0791466485

Get Book

State Constitutions for the Twenty-first Century, Volume 2 by Frank P. Grad,Robert F. Williams Pdf

Identifies problems reformers face in drafting or amending state constitutions.

Author : G. Alan Tarr,Robert F. Williams
Publisher : State University of New York Press
Page : 382 pages
File Size : 49,9 Mb
Release : 2012-02-01
Category : Political Science
ISBN : 9780791481981

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.