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Book Constitutional Development in the South Atlantic States  1776 1860

Download or read book Constitutional Development in the South Atlantic States 1776 1860 written by Fletcher Melvin Green and published by The Lawbook Exchange, Ltd.. This book was released on 2008 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Constitutional Development in the South Atlantic States  1776 1860

Download or read book Constitutional Development in the South Atlantic States 1776 1860 written by Green and published by . This book was released on 1930 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 The Law of American State Constitutions

Download or read book The Law of American State Constitutions written by Robert F. Williams and published by Oxford University Press. This book was released on 2023-05-05 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Research in Progress

Download or read book Research in Progress written by and published by . This book was released on 1927 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 2018-06-05 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Constitutions of Nations

Download or read book Constitutions of Nations written by Amos Jenkins Peaslee and published by Brill Archive. This book was released on 1950 with total page 938 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Americans  The National Experience

Download or read book The Americans The National Experience written by Daniel J. Boorstin and published by Vintage. This book was released on 2010-07-07 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume in "The Americans" trilogy deals with the crucial period of American history from the Revolution to the Civil War. Here we meet the people who shaped, and were shaped by, the American experience—the versatile New Englanders, the Transients and the Boosters. Winner of the Francis Parkman Prize.

Book The Washington State Constitution

    Book Details:
  • Author : Robert F. Utter
  • Publisher : Oxford University Press on Demand
  • Release : 2013-04-11
  • ISBN : 0199946167
  • Pages : 330 pages

Download or read book The Washington State Constitution written by Robert F. Utter and published by Oxford University Press on Demand. This book was released on 2013-04-11 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Washington State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of Washington's constitutional history that focuses on the document's 19th century populist roots, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes made since its initial drafting. This treatment, along with a table of cases, index, and bibliography, provides an unsurpassed reference guide for lawyers, judges, scholars, and members of the general public. The second edition of The Washington State Constitution has been significantly expanded to detail the impact of the late nineteenth century Populist movement on both the structure and content of Washington's 1889 constitution. The book includes current and important developments in the theory of state constitutional interpretation in Washington State, describes the significant expansion, over the past decade, in the Washington Supreme Court's independent reliance on the state's constitution rather than the federal constitution in many constitutional doctrines, particularly those related to individual rights. The title also includes up-to-date analysis of significant developments in a number of areas, including the rights of criminal defendants; personal freedoms of speech, religion and privacy; powers and constraints on the state legislature and the governor; the initiative, referendum and recall; and the application of Washington's unique public education clause. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

Book James Louis Petigru

    Book Details:
  • Author : William H. Pease
  • Publisher : Univ of South Carolina Press
  • Release : 2002
  • ISBN : 9781570034916
  • Pages : 260 pages

Download or read book James Louis Petigru written by William H. Pease and published by Univ of South Carolina Press. This book was released on 2002 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: A biography of one of South Carolina's leading antebellum lawyers and major political thinkers In the three decades before the Civil War, James Louis Petigru became the dean of the South Carolina bar and Charleston's leading exponent of the constitutional conservatism that placed federal union above state rights, the economic views that underlay Whig politics, and the liberal vision of individual rights enshrined in the Bill of Rights. In the only modern biography of Petigru, William H. and Jane H. Pease trace the rise to social and professional preeminence that not only placed him among South Carolina's elite but also gave him national visibility. In doing so, they explore the workings of the extended family he headed, the politics of the state he loved, and the intricacies of the legal system he mastered. Central to Petigru's life was the ambiguity into which his competing loyalties plunged him. Loyal to his native state, he was a vocal opponent of its political values. Despite his dissent on the critical issues of nullification and secession, Petigru was elected attorney general, served as a state representative, and codified the state's laws. Born in South Carolina's upcountry to a family of Scots-Irish and Huguenot ancestry, Petrigru achieved such high distinction as an attorney and politician that both Confederates and Yankees eulogized him when he died in Charleston in 1863. Throughout his career, his espousal of private property, individual liberty, the rule of law, and the United States Constitution remained unflinching and gave Petigru the wisdom and assurance to be the state's most notable dissenter.

Book Toward a Usable Past

    Book Details:
  • Author : Paul Finkelman
  • Publisher : University of Georgia Press
  • Release : 2009-09-01
  • ISBN : 0820334960
  • Pages : 464 pages

Download or read book Toward a Usable Past written by Paul Finkelman and published by University of Georgia Press. This book was released on 2009-09-01 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Supreme Court's relegation of many rights to definition under state constitutional law, combined with the tendency of recent administrations to entrust the states with the task of preserving individual rights, is increasingly making state constitutions the arena where the battles to preserve the rights to life, liberty, property, due process, and equal protection of laws must be fought. Ranging in time from the late 1700s to the late 1900s, Toward a Usable Past offers a series of case studies that examine the protection afforded individual rights by state constitutions and state constitutional law. As it explores the history of liberty at the state level, this volume also investigates the promise and risks of turning to state constitutions to guarantee and expand individual rights. In this book, major scholars and legal practitioners discuss state protections of civil liberty, and ponder the contemporary implications of the state record. The cases examined cover topics ranging from religion in schools during the Federalist era to criminal justice in the late nineteenth century, from racial integration in Kansas before Brown v. Board of Education to legal battles over birth control in the Connecticut Supreme Court. The introduction presents the historical and contemporary significance of the topic and traces the evolution of the federal constitutional law establishing the parameters of state regulation of individual rights.

Book From Oligarchy to Republicanism

Download or read book From Oligarchy to Republicanism written by Forrest A. Nabors and published by University of Missouri Press. This book was released on 2017-12-19 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: On December 4, 1865, members of the 39th United States Congress walked into the Capitol Building to begin their first session after the end of the Civil War. They understood their responsibility to put the nation back on the path established by the American Founding Fathers. The moment when the Republicans in the Reconstruction Congress remade the nation and renewed the law is in a class of rare events. The Civil War should be seen in this light. In From Oligarchy to Republicanism: The Great Task of Reconstruction, Forrest A. Nabors shows that the ultimate goal of the Republican Party, the war, and Reconstruction was the same. This goal was to preserve and advance republicanism as the American founders understood it, against its natural, existential enemy: oligarchy. The principle of natural equality justified American republicanism and required abolition and equal citizenship. Likewise, slavery and discrimination on the basis of color stand on the competing moral foundation of oligarchy, the principle of natural inequality, which requires ranks. The effect of slavery and the division of the nation into two “opposite systems of civilization” are causally linked. Charles Devens, a lawyer who served as a general in the Union Army, and his contemporaries understood that slavery’s existence transformed the character of political society. One of those dramatic effects was the increased power of slaveowners over those who did not have slaves. When the slave state constitutions enumerated slaves in apportioning representation using the federal three-fifths ratio or by other formulae, intra-state sections where slaves were concentrated would receive a substantial grant of political power for slave ownership. In contrast, low slave-owning sections of the state would lose political representation and political influence over the state. This contributed to the non-slaveholders’ loss of political liberty in the slave states and provided a direct means by which the slaveholders acquired and maintained their rule over non-slaveholders. This book presents a shared analysis of the slave South, synthesized from the writings and speeches of the Republicans who served in the Thirty-Eighth, Thirty-Ninth or Fortieth Congress from 1863-1869. The account draws from their writings and speeches dated before, during, and after their service in Congress. Nabors shows how the Republican majority, charged with the responsibility of reconstructing the South, understood the South. Republicans in Congress were generally united around the fundamental problem and goal of Reconstruction. They regarded their work in the same way as they regarded the work of the American founders. Both they and the founders were engaged in regime change, from monarchy in the one case, and from oligarchy in the other, to republicanism. The insurrectionary states’ governments had to be reconstructed at their foundations, from oligarchic to republican. The sharp differences within Congress pertained to how to achieve that higher goal.

Book Principle and Interest

Download or read book Principle and Interest written by Herbert E. Sloan and published by University of Virginia Press. This book was released on 2001 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eloquently written and exhaustively researched, Principle and Interest provides a unique perspective on a range of topics--revolutionary ideology, political economy, the mechanics of party organization--central to an understanding of the period.

Book A Distinct Judicial Power

    Book Details:
  • Author : Scott Douglas Gerber
  • Publisher : Oxford University Press, USA
  • Release : 2011-05-05
  • ISBN : 0199765871
  • Pages : 436 pages

Download or read book A Distinct Judicial Power written by Scott Douglas Gerber and published by Oxford University Press, USA. This book was released on 2011-05-05 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides a comprehensive critical analysis of the origins of judicial independence in the United States. The book examines the political theory of an independent judiciary and chronicles how each of the original 13 states and their colonial antecedents treated their respective judiciaries.

Book The Varieties of Political Experience in Eighteenth Century America

Download or read book The Varieties of Political Experience in Eighteenth Century America written by Richard R. Beeman and published by University of Pennsylvania Press. This book was released on 2015-05-05 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the eve of the American Revolution there existed throughout the British-American colonial world a variety of contradictory expectations about the political process. Not only was there disagreement over the responsibilities of voters and candidates, confusion extended beyond elections to the relationship between elected officials and the populations they served. So varied were people's expectations that it is impossible to talk about a single American political culture in this period. In The Varieties of Political Experience in Eighteenth-Century America, Richard R. Beeman offers an ambitious overview of political life in pre-Revolutionary America. Ranging from Virginia, Massachusetts, New York, South Carolina, and Pennsylvania to the backcountry regions of the South, the Mid-Atlantic, and northern New England, Beeman uncovers an extraordinary diversity of political belief and practice. In so doing, he closes the gap between eighteenth-century political rhetoric and reality. Political life in eighteenth-century America, Beeman demonstrates, was diffuse and fragmented, with America's British subjects and their leaders often speaking different political dialects altogether. Although the majority of people living in America before the Revolution would not have used the term "democracy," important changes were underway that made it increasingly difficult for political leaders to ignore "popular pressures." As the author shows in a final chapter on the Revolution, those popular pressures, once unleashed, were difficult to contain and drove the colonies slowly and unevenly toward a democratic form of government. Synthesizing a wide range of primary and secondary sources, Beeman offers a coherent account of the way politics actually worked in this formative time for American political culture.

Book Writing North Carolina History

Download or read book Writing North Carolina History written by Jeffrey J. Crow and published by UNC Press Books. This book was released on 2017-10-10 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Writing North Carolina History is the first book to assess fully the historical literature of North Carolina. It combines the talents and insights of eight noted scholars of state and southern history: William S. Powell, Alan D. Watson, Robert M. Calhoon, Harry L. Watson, Sarah M. Lemmon, and H. G. Jones. Their essays are arranged in chronological order from the founding of the first English colony in North America in 1585 to the present. Traditionally North Carolina has not received the same scholarly attention as Virginia and South Carolina, despite the excellent resources available on Tar Heel history. This study, derived from a symposium sponsored by the North Carolina Division of Archives and History in 1977, asks questions and describes methodologies needed to redress past neglect. Besides providing a comprehensive evaluation of what has been written about North Carolina, the essayists offer perspectives on how historians have interpreted the state's history and what directions future historians need to take. Particularly important, the book provides a bibliography and suggests opportunities for future historical investigation by discussing topics, themes, and source materials that remain untapped or underused. North Carolina's unique and colorful culture, folklore, geography, politics, and growth demand new and creative historical analysis. Collectively the authors and editors of Writing North Carolina History offer a welcome, necessary guide to the study of Tar Heel history. Originally published in 1979. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.