Interpreting State Constitutions

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Publisher :
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Interpreting State Constitutions by : James A. Gardner

Download or read book Interpreting State Constitutions written by James A. Gardner and published by . This book was released on 2005 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interpreting State Constitutions examines and proposes a solution to a problem central to contemporary debates over the enforcement of civil liberties: how courts, government officials, and lawyers should go about interpreting the constitutions of the American states. With the Supreme Court's retreat from the aggressive protection of individual rights, state courts have begun to interpret state constitutions to provide broader protection of liberties. This development has reversed the polarity of constitutional politics, as liberals advocate unimpeded state power while conservatives lobby for state subordination to a constitutional law controlled centrally by the Supreme Court. James A. Gardner here lays out the first fully developed theory of subnational constitutional interpretation. He argues that states are integral components of a national system of overlapping and mutually checking authority and that the purpose of this system is to protect liberty and defend against federal domination. The resulting account provides valuable prescriptive advice to state courts, showing them how to fulfill their responsibilities to the federal system in a way that strengthens American constitutional discourse.

51 Imperfect Solutions

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Publisher : Oxford University Press
ISBN 13 : 0190866063
Total Pages : 297 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis 51 Imperfect Solutions by : Judge Jeffrey S. Sutton

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 297 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.

The Colorado State Constitution

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Publisher : Oxford University Press, USA
ISBN 13 : 0199778841
Total Pages : 534 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Colorado State Constitution by : Dale A. Oesterle

Download or read book The Colorado State Constitution written by Dale A. Oesterle and published by Oxford University Press, USA. This book was released on 2011 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Colorado State Constitution provides an outstanding constitutional and historical account of the state's governing charter. It begins with an overview of Colorado's constitutional history, and then provides an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made since its drafting. This treatment, which includes a list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of the Colorado 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.

The Federalist Papers

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Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 420 pages
Book Rating : 4.5/5 (287 download)

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Book Synopsis The Federalist Papers by : Alexander Hamilton

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 420 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.

The North Carolina State Constitution

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Publisher : Oxford University Press on Demand
ISBN 13 : 0199915148
Total Pages : 255 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The North Carolina State Constitution by : John V. Orth

Download or read book The North Carolina State Constitution written by John V. Orth and published by Oxford University Press on Demand. This book was released on 2013-04-11 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: North Carolina's state constitution charts the evolution over two centuries of a modern representative democracy. In The North Carolina State Constitution, John V. Orth and Paul M. Newby provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of North Carolina'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 North Carolina's constitution. Co-authored by Paul M. Newby, a sitting justice of the North Carolina Supreme Court, the second edition includes significant constitutional amendments adopted since the date of the first edition. Almost every article was affected by the changes. Some were minor-such as the lengthening the term of magistrates-and some were more significant, such as spelling out the rights of victims of crimes. One was obviously major: granting the governor the power to veto legislation-making North Carolina's governor the last American governor to be given that power. In addition, the North Carolina Supreme Court has continued the seemingly never-ending process of constitutional interpretation. Some judicial decisions answered fairly routine questions about the powers of office, such as the governor's clemency power. Others were politically contentious, such as deciding the constitutional constraints on legislative redistricting. And one continues to have momentous consequences for public education, recognizing the state's constitutional duty to provide every school child in North Carolina with a "sound, basic education." 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.

Oregon Blue Book

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Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Oregon Blue Book by : Oregon. Office of the Secretary of State

Download or read book Oregon Blue Book written by Oregon. Office of the Secretary of State and published by . This book was released on 1895 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Understanding State Constitutions

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Publisher : Princeton University Press
ISBN 13 : 9780691070667
Total Pages : 262 pages
Book Rating : 4.0/5 (76 download)

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Book Synopsis Understanding State Constitutions by : G. Alan Tarr

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.

Constitutional Developments in India

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Publisher :
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Constitutional Developments in India by : Charles Henry Alexandrowicz

Download or read book Constitutional Developments in India written by Charles Henry Alexandrowicz and published by . This book was released on 1957 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union

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Publisher :
ISBN 13 :
Total Pages : 1172 pages
Book Rating : 4.:/5 (2 download)

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Book Synopsis A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union by : Thomas McIntyre Cooley

Download or read book A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union written by Thomas McIntyre Cooley and published by . This book was released on 1903 with total page 1172 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Equal Justice Under Law

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Publisher : HarperCollins Publishers
ISBN 13 :
Total Pages : 600 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Equal Justice Under Law by : Harold Melvin Hyman

Download or read book Equal Justice Under Law written by Harold Melvin Hyman and published by HarperCollins Publishers. This book was released on 1982 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Genesis of the Constitution of the United States of America

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Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Genesis of the Constitution of the United States of America by : Breckinridge Long

Download or read book Genesis of the Constitution of the United States of America written by Breckinridge Long and published by . This book was released on 1926 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The New Jersey State Constitution

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Publisher : Oxford University Press
ISBN 13 : 0199995974
Total Pages : pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The New Jersey State Constitution by : Professor Robert F. Williams

Download or read book The New Jersey State Constitution written by Professor Robert F. Williams and published by Oxford University Press. This book was released on 2012-06-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The New Jersey State Constitution is a completely revised new edition that provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of New Jersey'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 Jersey's constitution. State constitutions perform different functions and contain different provisions from the more-familiar U.S. Constitution. The book first outlines the historical development of New Jersey's state constitution from 1776 to the present and explains the highlights of the process of state constitutional development, leading to the current New Jersey constitution. Next, each section of the current constitution is analyzed, including its origins, general intent and purpose, and important judicial interpretations illustrating the types of situations in which the section can come into play, including references to key academic analysis of each section. Careful explanation is provided, with illustrations from cases, of the complex and evolving relationship between rights guaranteed by the U.S. Constitution and rights guaranteed by the New Jersey constitution. In many instances, New Jersey's rights can be more protective than those included in the Federal Constitution. Finally, the book provides a thorough bibliographical essay reviewing the evolution of the New Jersey constitution. 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.

American Constitutional Development: The powers of government

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Publisher : Addison-Wesley Longman
ISBN 13 :
Total Pages : 672 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis American Constitutional Development: The powers of government by : Richard S. Randall

Download or read book American Constitutional Development: The powers of government written by Richard S. Randall and published by Addison-Wesley Longman. This book was released on 2002 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines constitutional law in a unique, developmental framework that shows how key events through American history have shaped the Supreme Court's understanding of the Constitution. Places unique emphasis on the political, economic, social and developmental aspects of the Supreme Court's constitutional decisions. The book examines the great issues and events of government and politics in the early, middle, and modern constitutions, how they have shaped the Supreme Court's understanding of the Constitution, and how the distributive consequences of that understanding, in turn, affect American political life. For those who are interested in the American constitution.

The South Dakota State Constitution

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Publisher : Oxford University Press
ISBN 13 : 0199378711
Total Pages : 344 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The South Dakota State Constitution by : Patrick M. Garry

Download or read book The South Dakota State Constitution written by Patrick M. Garry and published by Oxford University Press. This book was released on 2014-03-25 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: South Dakota was the first state in the nation's history to adopt the Initiative and Referendum, making it permissible for the people to initiate a constitutional amendment, on a statewide level in 1898. While it continues to be a controversial procedure, Patrick Garry discusses this in-depth while providing the only definitive reference resource on the South Dakota Constitution, including all significant court decisions interpreting each Section. The South Dakota Constitution features the rich history and development of constitutionalism in the state. It provides the complete text of the state's current constitution, with each section accompanied by commentary that explains the provision and traces its origins and its interpretation by the courts and by other governmental bodies. Offering in-depth, section-by-section analysis of the entire constitution, it shows the many significant changes within the state of South Dakota that have been made since the constitution's initial drafting. The book concludes with a bibliography, a table of cases cited in the volume, and a topical index making this volume a highly detailed historical companion for students, scholars, practitioners, and all readers interested in state constitutional issues and the history of South Dakota's statehood. 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.

Is Administrative Law Unlawful?

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Publisher : University of Chicago Press
ISBN 13 : 022611645X
Total Pages : 646 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Is Administrative Law Unlawful? by : Philip Hamburger

Download or read book Is Administrative Law Unlawful? written by Philip Hamburger and published by University of Chicago Press. This book was released on 2014-05-27 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

An Introduction to the Study of the Law of the Constitution

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Publisher : Springer
ISBN 13 : 134917968X
Total Pages : 729 pages
Book Rating : 4.3/5 (491 download)

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Book Synopsis An Introduction to the Study of the Law of the Constitution by : A.V. Dicey

Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Alaska's Constitution

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Publisher :
ISBN 13 : 9781304117380
Total Pages : pages
Book Rating : 4.1/5 (173 download)

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Book Synopsis Alaska's Constitution by : Alaska Legislative Affairs Agency

Download or read book Alaska's Constitution written by Alaska Legislative Affairs Agency and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: