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Author : Jennifer Friesen
Publisher : MICHIE
ISBN 13 :
Total Pages : 436 pages
Book Rating : 4.:/5 (44 download)
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:
Author : Judge Jeffrey S. Sutton
Publisher : Oxford University Press
ISBN 13 : 0190866063
Total Pages : 288 pages
Book Rating : 4.1/5 (98 download)
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.
Author : Paul Finkelman
Publisher : University of Georgia Press
ISBN 13 : 0820334960
Total Pages : 464 pages
Book Rating : 4.8/5 (23 download)
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.
Author : Frederic Jesup Stimson
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584773693
Total Pages : 410 pages
Book Rating : 4.5/5 (847 download)
Download or read book The Law of the Federal and State Constitutions of the United States written by Frederic Jesup Stimson and published by The Lawbook Exchange, Ltd.. This book was released on 2004 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stimson, Frederick Jesup. The Law of the Federal and State Constitutions of the United States With a Chronological Study of Their Principles, a Chronological Table of English Social Legislation and A Comparative Digest of the Constitutions of the Forty-Six States. Boston: The Boston Book Company, 1908. xix, 386 pp. Reprint available July 2004 by The Lawbook Exchange, Ltd. LCCN 2003053950. ISBN 1-58477-369-3. Cloth. $95. * Stimson wrote this study in response to the rapid development of constitution law that took place around the turn of the century, which he attributes to the social impact of modern industrial capitalism. He notes that the enormous volume of cases regarding "obligation of contract" and "commerce among the states" indicates a general shift in the field from cases dealing with the federal constitution or individual state constitutions to cases involving several constitutions. This book was conceived as a guide to this new terrain. It continues to be an excellent comparative study of the federal and state constitutions. It is more that a series of comparisons, however. As its title suggests, Stimson includes a history of the provisions in each constitution and their origins. "A Valuable piece of work...in the field of legal and constitutional investigation." Columbia Law Review 8:594 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 403.
Author : Robert Williams
Publisher : Oxford University Press
ISBN 13 : 0199711305
Total Pages : 450 pages
Book Rating : 4.1/5 (997 download)
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 450 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.
Author : G. Alan Tarr
Publisher : Princeton University Press
ISBN 13 : 9780691070667
Total Pages : 262 pages
Book Rating : 4.0/5 (76 download)
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.
Author : Robert F. Utter
Publisher : Oxford University Press on Demand
ISBN 13 : 0199946167
Total Pages : 330 pages
Book Rating : 4.1/5 (999 download)
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.
Author : Robert F. Williams
Publisher : Oxford University Press
ISBN 13 : 0190068809
Total Pages : 513 pages
Book Rating : 4.1/5 (9 download)
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.
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights
Publisher :
ISBN 13 :
Total Pages : 34 pages
Book Rating : 4.F/5 ( download)
Download or read book Layman's Guide to Individual Rights Under the United States Constitution written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1962 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: The result of numerous requests from citizens who wish to know their rights under our Constitution.
Author : John J. Dinan
Publisher : University Press of Kansas
ISBN 13 : 0700616896
Total Pages : 447 pages
Book Rating : 4.7/5 (6 download)
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.
Author : James A. Gardner
Publisher : Oxford University Press
ISBN 13 : 0195368320
Total Pages : 190 pages
Book Rating : 4.1/5 (953 download)
Download or read book New Frontiers of State Constitutional Law written by James A. Gardner and published by Oxford University Press. This book was released on 2011-10-24 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapters featured in this title include: 'Dual Enforcement of Constitutional Norms', 'Cool Federalism and the Life Cycle of Moral Progress', 'Why Federalism and Constitutional Positivism Don't Mix', and 'Interjurisdictional Enforcement of Rights in a Post-erie World', amongst others.
Author : Scott R. Bauries
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book State Constitutions and Individual Rights written by Scott R. Bauries and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the advent of the New Judicial Federalism, scholars of state constitutions have developed a rich and textured account of state judicial approaches to state constitutional rights with federal analogues, at times questioning and at other times defending the legitimacy of different forms of doctrinal “divergence” and “convergence,” the latter often being referred to as the “unreflective adoption” or “lockstepping” of federal doctrine. This work understandably has not addressed state judicial approaches to state constitutional individual rights provisions with no federal analogues, as state courts in such cases have no federal court doctrine to adopt, reflectively or otherwise. In this Article, I show that an overlooked form of convergence, which I term “conceptual convergence,” is prevalent in state courts, particularly in the context of unique state constitutional rights provisions with no federal analogues, such as state constitutional education clauses. In litigation over such provisions, the state courts have shown a strong tendency to conceptualize education rights in ways that converge with federal conceptions of individual rights and legislative powers in general. I illustrate this “conceptual convergence” phenomenon using the “jural relations” framework first set forth by Wesley Newcomb Hohfeld. Professor Hohfeld's framework reveals an orientation in both the state and federal systems toward conceptualizing rights as relationships of powers and immunities, rather than of duties and claims, even though many constitutional provisions would textually call for the opposite conclusion. Nevertheless, I offer a defense of this conceptual approach in education clause litigation, grounded in the structural distinctiveness of state constitutional enumerations of power when compared with the federal document, with an eye toward avoiding the inter-branch conflicts that inevitably arise in litigation over ostensible “positive rights.” Based on these principles, I present a foundation for the development of a more protective and less intrusive rights-based jurisprudence in state courts.
Author : Randy James Holland
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 1004 pages
Book Rating : 4.F/5 ( download)
Download or read book State Constitutional Law written by Randy James Holland and published by West Academic Publishing. This book was released on 2010 with total page 1004 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new case book addresses the constitutions of the 50 States. It is designed for a survey course, one that does not purport to cover every State's constitution in detail. Rather, like a traditional contracts, real property or torts textbook, it uses the most interesting state court decisions from around the country to illustrate the astonishing array of state constitutional issues at play in modern American law. The method of presentation emphasizes the function of state constitutions in our federal system. It sometimes does so by explaining how the U.S. Constitution deals with an issue before discussing how the state constitutions handle it, and it sometimes does so by explaining how the state constitutions contain provisions that have no parallel in the U.S. Constitution. A central theme of the book, explored in a variety of areas, is that state constitutions provide a source of rights independent of the Federal Constitution, and state courts frequently construe these provisions to grant more expansive protection for individual rights than the Federal Constitution provides. As the reader will see, the state courts' expansion of liberty and property rights under their constitutions stems from a variety of factors: differences in the text between the state and federal constitutional provisions, the smaller size of the state courts' jurisdiction, state constitutional history, unique state traditions and disagreement with the U.S. Supreme Court's interpretation of similar language. State constitutional law, like its federal counterpart, is not limited to individual rights. The book also explores the organization and structure of state and local governments, the method of choosing state judges, the ease with which most state constitutions can be amended, taxation, public finance and school funding. As the nightly news confirms, it is no exaggeration to say that many of the most ground-breaking constitutional debates of the day are being aired in the state courts under their own constitutions. The mission of this book is to introduce students to this increasingly significant body of American law and to prepare them to practice effectively in it.
Author : Peter J. Galie
Publisher : Oxford University Press, USA
ISBN 13 : 0199778973
Total Pages : 383 pages
Book Rating : 4.1/5 (997 download)
Download or read book The New York State Constitution written by Peter J. Galie and published by Oxford University Press, USA. This book was released on 2011 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New York State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of New York's constitutional history, it provides an in-depth, section-by-section 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 an unsurpassed reference guide for students, scholars, and practitioners of New York's constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. 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.
Author : Robert Maddex
Publisher : CQ Press
ISBN 13 : 1452267375
Total Pages : 574 pages
Book Rating : 4.4/5 (522 download)
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.
Author : Robert Williams
Publisher :
ISBN 13 : 9781630435875
Total Pages : 1268 pages
Book Rating : 4.4/5 (358 download)
Download or read book State Constitutional Law written by Robert Williams and published by . This book was released on 2015-04 with total page 1268 pages. Available in PDF, EPUB and Kindle. Book excerpt: State Constitutional Law is designed to provide the basis for a lively and exciting two- or three-credit course in an area of law that has become increasingly important to a variety of law practices. Now, more than ever, lawyers, judges and law professors are discovering the importance of state constitutions and the judicial interpretations of these constitutions. A major focus of the book is the substantial differences between detailed the state constitutions and the more-familiar brief federal constitution that was the focus of the students' Constitutional Law course. The new edition of State Constitutional Law follows the basic structure and philosophy of earlier editions. The text explores the many common themes that appear in the body of constitutional law of all states, but also focuses on the importance of the unique history, language and judicial understanding of each state's constitution in resolving particular issues, including the political context in which state constitutions have evolved; the popular participation in the processes of state constitutional change; the individual rights provisions that have no federal parallel; the wide range of policy matters that are entrenched in state constitutions rather than ordinary statutes, and the motivations for using this unusual method of "lawmaking"; the roles of each of the departments of state government and the way in which separation of powers doctrines may operate quite differently at the state level; and the variety of processes, including judicial review, of state constitutional change and amendment. Major elements of state constitutional law such as education, local government and finance and taxation are accorded separate chapters. In addition, State Constitutional Law remains an important one-volume resource for practitioners and academics on virtually all aspects of American state constitutions. Among the changes in the new edition are: Extended discussion of the issue of same-sex marriage under state constitutions; Revised and expanded discussion of issues concerning the federal-state relationship; Updated cases and scholarly commentary on individual rights and separation of powers issues; Expanded focus on state constitutional positive rights, in contrast to the federal constitution's negative rights; New and revised Notes and Questions in nearly every section of the book.
Author :
Publisher :
ISBN 13 :
Total Pages : 136 pages
Book Rating : 4.3/5 (91 download)
Download or read book State Constitutions in the Federal System written by and published by . This book was released on 1989 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
