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Book The Law of American State Constitutions

Download or read book The Law of American State Constitutions written by Robert Williams and published by Oxford University Press. This book was released on 2009-10-22 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book The American State Constitutional Tradition

Download or read book The American State Constitutional Tradition written by John J. Dinan and published by University Press of Kansas. This book was released on 2006-04-14 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Looking for Rights in All the Wrong Places

Download or read book Looking for Rights in All the Wrong Places written by Emily Zackin and published by Princeton University Press. This book was released on 2013-04-21 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Understanding State Constitutions

Download or read book Understanding State Constitutions written by G. Alan Tarr and published by Princeton University Press. This book was released on 2000-09-25 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinctiveness of state constitutionalism -- Explaining state constitutional development -- Eighteenth-century state constitutionalism -- Nineteenth-century state constitutionalism -- Twentieth-century state constitutionalism -- State constitutional interpretation.

Book The Federalist Papers

    Book Details:
  • Author : Alexander Hamilton
  • Publisher : Read Books Ltd
  • Release : 2018-08-20
  • ISBN : 1528785878
  • Pages : 455 pages

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book America s Constitution

    Book Details:
  • Author : Akhil Reed Amar
  • Publisher : Random House
  • Release : 2012-02-29
  • ISBN : 1588364879
  • Pages : 672 pages

Download or read book America s Constitution written by Akhil Reed Amar and published by Random House. This book was released on 2012-02-29 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.

Book 51 Imperfect Solutions

    Book Details:
  • Author : Judge Jeffrey S. Sutton
  • Publisher : Oxford University Press
  • Release : 2018-05-07
  • ISBN : 0190866063
  • Pages : 288 pages

Download or read book 51 Imperfect Solutions written by Judge Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2018-05-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book State Constitutions for the Twenty first Century  Volume 1

Download or read book State Constitutions for the Twenty first Century Volume 1 written by G. Alan Tarr and published by SUNY Press. This book was released on 2006-06-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first systematic analysis of the obstacles to state constitutional reform.

Book America s Unwritten Constitution

Download or read book America s Unwritten Constitution written by Akhil Reed Amar and published by Basic Books (AZ). This book was released on 2012-09-11 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.

Book Between Authority and Liberty

Download or read book Between Authority and Liberty written by Marc W. Kruman and published by UNC Press Books. This book was released on 1997 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Book What You Should Know About the United States Constitution and the Bill of Rights

Download or read book What You Should Know About the United States Constitution and the Bill of Rights written by John Coleman and published by Bridger House Pub. This book was released on 2016-05-13 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: A book like no other book ever written about the U.S. Constitution and the Bill of Rights. Some of the most priceless constitutional gems are found in these pages. Dr. Coleman has done 26 year of research to find them, putting together a highly-readable book which provides insight into the articles and amendments to the Constitution. It shows their true intent and purpose in sharp relief, and what it is that make this document so great and so lasting. "What You Should Know About the United States Constitution" is a telling blow to those enemies of this nation who are seeking to destroy our Republic. "Knowledge is power" which the book provides in full measure, enabling every citizen to understand and defend the United States against enemies, external and internal.

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

Download or read 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 written by Francis Newton Thorpe and published by . This book was released on 1909 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book State Constitutions of the United States

Download or read book State Constitutions of the United States written by Robert Maddex and published by CQ Press. This book was released on 2005-09-23 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: Newly updated and reflecting the diversity of state policies and the issues that are important to them, State Constitutions of the United States collects, explains, and offers comparison of each of the fifty state constitutions. Its in-depth explorations and easy-to-follow structure reveal individual state priorities, the significance of state constitutions and their impact on issues that affect the day-to-day lives of citizens. This major revision incorporates specific details and describes trends and patterns in state constitutions, drawing on over 380 amendments passed since the first edition of this resource was published in 1998. These amendments address, at the state level, important issues that are also being debated on the national level, such as freedom of religion (Alabama), tobacco (Arizona), death penalty (Florida), and same-sex marriage in a number of states. The new edition addresses all of these issues and more, in well-organized state-by-state chapters-including a new chapter on Washington, DC. Beyond the extensive state-by-state coverage, this resource provides further insights through supplemental materials, including an overview of state constitutions, comparative tables, "new rights" such as privacy and victim′s rights, "special provisions" such as the environment and home rule, and much more. This is the only one-volume resource on state constitutions designed to inform non-specialists, including students, non-constitutional scholars, and interested citizens, about the variety, influence, and continual revision and innovation that define state constitutions in the U.S. A wide range of libraries, including those that serve college students, AP high school students, and the general public, will want to update their collections with this unique and essential reference work.

Book The First American Constitutions

Download or read book The First American Constitutions written by Willi Paul Adams and published by Rowman & Littlefield Publishers. This book was released on 2001-12-11 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book State Constitutional Law

Download or read book State Constitutional Law written by Jennifer Friesen and published by MICHIE. This book was released on 1999 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book 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

Download or read book 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 written by Francis Newton Thorpe and published by . This book was released on 1909 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: