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| our federal and state constitutions: Our Federal and State Constitutions Alex J. Schmidt, 1993-06-01 |
| our federal and state constitutions: Looking for Rights in All the Wrong Places Emily Zackin, 2013-04-21 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. |
| our federal and state constitutions: 51 Imperfect Solutions Judge Jeffrey S. Sutton, 2018-05-07 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. |
| our federal and state constitutions: 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 Francis Newton Thorpe, 1909 |
| our federal and state constitutions: The North Carolina State Constitution John V. Orth, Paul M. Newby, 2013-04-11 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. |
| our federal and state constitutions: Abortion Under State Constitutions Paul Benjamin Linton, 2008 Whether a state constitution protects a right to abortion is significant for two reasons: First, it may determine whether the State has the authority to enact and enforce laws regulating abortion (e.g., laws mandating informed consent or requiring parental notice or consent) within current federal constitutional limits. Second, and more important, it will determine whether the State would have the authority to enact and enforce laws prohibiting abortion, if the Supreme Court overrules Roe v. Wade and returns the issue of abortion to the States. Abortion under State Constitutions is the first, full-length treatment of the subject to appear in print. For each State, the author considers possible sources of a right to abortion in the state constitution (privacy, due process of law, equality of rights, equal protection, privileges and immunities, as well as other provisions); state court decisions interpreting those provisions; the relevant state constitutional history; pre-Roe prohibitions of abortion and their interpretation by state courts; post-Roe regulations of abortion; and what rights state law has conferred upon unborn children outside the context of abortion. Based upon the foregoing analysis, arranged topically within each State for ease of reference, the author concludes that thirteen state constitutions protect (or would be interpreted to protect) a state right to abortion that is independent of the right to abortion recognized in Roe v. Wade, while the supreme courts of the other thirty-seven States probably would not recognize a state right to abortion. Likely to become a standard reference work on the subject, Abortion under State Constitutions should be of interest not only to lawyers who litigate state abortion rights claims and judges who decide those cases, but to anyone on either side of the abortion debate who wants to have a better understanding of the status of abortion under state constitutions. After an admirably incisive outline of federal constitutional law on abortion, Linton clarifies the law of each State in its own individual chapter, greatly facilitating the work of legislators, litigators, and lay activists concerned primarily about the law of their own particular State.... Although the author states that his work is meant to be predictive of future state supreme court decisions, he bases his estimations on close analysis of legal doctrine, not on uncertain guesswork about the political considerations of future courts and possible judicial activism. Abortion under State Constitutions is sure to become the standard reference work for those concerned to resist (or to promote) a right to abortion founded on U.S. state constitutions.--Richard Stith, Professor of Law, Valparaiso University School of Law Paul Benjamin Linton is one of the most thoughtful, insightful, and thorough legal authorities writing about biomedical ethics and law. Among his past masterpieces are influential law review articles analyzing suicide, euthanasia, same-sex marriage, equal rights, state abortion regulations, and abortion decisions of the U.S. Supreme Court. Now, Linton examines how abortion regulations have fared and would fare under state constitutions. Abortion under State Constitutions is a convincing explanation of the growing importance of state constitutional jurisprudence in controlling the regulation of abortion. The book is an invaluable, timely resource for lawmakers, judges, legal scholars, students, and anyone else interested in the constitutional, legal policy, and social strategies concerning the regulation of elective abortion in America.--Lynn D. Wardle, Bruce C. Hafen Professor of Law, J. Reuben Clark Law School, Brigham Young University Scholars, advocates and activists involved in the abortion debate owe a debt of gratitude to Paul Linton for sharing his meticulous research. A comprehensive guide to the status of abortion under each state''s constitution, this book is a necessary tool for anyone seeking to predict the consequences of a United States Supreme Court decision overruling Roe v. Wade. As Mr. Linton carefully documents, abortion would remain legal in a minority of states due to state court decisions protecting the procedure under the respective state constitutions. The majority of states probably could enforce abortion prohibitions, but that would require new legislation in most of those states. Abortion under State Constitutions guides the reader through the differing law among the states. This book will be of particular value to state lawmakers seeking to craft sound public policy in this volatile area. Whether the objective is to protect a woman''s right to choose or an unborn child''s right to life, attentive readers will benefit from Mr. Linton''s expert analysis of the development of state law. His description of the relationship between various state laws and constitutions reflects his decades of experience in advancing and defending state laws in this area.... Regardless of readers'' political views, Abortion under State Constitutions promises to inform, intrigue, and inspire those who care about the issue of abortion.--Teresa S. Collett, Professor of Law, University of St. Thomas School of Law This is an important book for both sides.--Time Magazine Online |
| our federal and state constitutions: Understanding State Constitutions G. Alan Tarr, 2000-09-25 The distinctiveness of state constitutionalism -- Explaining state constitutional development -- Eighteenth-century state constitutionalism -- Nineteenth-century state constitutionalism -- Twentieth-century state constitutionalism -- State constitutional interpretation. |
| our federal and state constitutions: The Federalist Papers Alexander Hamilton, John Jay, James Madison, 2018-08-20 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. |
| our federal and state constitutions: State Constitutional Law Jennifer Friesen, 1999 |
| our federal and state constitutions: The American State Constitutional Tradition John J. Dinan, 2006 The first comprehensive study of all 114 state constitutional conventions for which there are records--from Connecticut's in 1818 to New Hampshire's in 1984. By integrating state constitution-makers with the federal constitutional tradition, this path-breaking work yields a superior understanding of how American citizens have chosen to govern themselves. |
| our federal and state constitutions: Keeping Faith with the Constitution Goodwin Liu, Pamela S. Karlan, Christopher H. Schroeder, 2010-08-05 Chief Justice John Marshall argued that a constitution requires that only its great outlines should be marked [and] its important objects designated. Ours is intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs. In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as constitutional fidelity--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity. |
| our federal and state constitutions: Constitutions and the Commons Blake Hudson, 2014-03-26 Constitutions and the Commons looks at a critical but little examined issue of the degree to which the federal constitution of a nation contributes toward or limits the ability of the national government to manage its domestic natural resources. Furthermore it considers how far the constitution facilitates the binding of constituent states, provinces or subnational units to honor the conditions of international environmental treaties. While the main focus is on the US, there is also detailed coverage of other nations such as Australia, Brazil, India, and Russia. After introducing the role of constitutions in establishing the legal framework for environmental management in federal systems, the author presents a continuum of constitutionally driven natural resource management scenarios, from local to national, and then to global governance. These sections describe how subnational governance in federal systems may take on the characteristics of a commons – with all the attendant tragedies – in the absence of sufficient national constitutional authority. In turn, sufficient national constitutional authority over natural resources also allows these nations to more effectively engage in efforts to manage the global commons, as these nations would be unconstrained by subnational units of government during international negotiations. It is thus shown that national governments in federal systems are at the center of a constitutional 'nested governance commons,' with lower levels of government potentially acting as rational herders on the national commons and national governments potentially acting as rational herders on the global commons. National governments in federal systems are therefore crucial to establishing sustainable management of resources across scales. The book concludes by discussing how federal systems without sufficient national constitutional authority over resources may be strengthened by adopting the approach of federal constitutions that facilitate more robust national level inputs into natural resources management, facilitating national minimum standards as a form of Fail-safe Federalism that subnational governments may supplement with discretion to preserve important values of federalism. |
| our federal and state constitutions: Georgia's Constitution and Government, 10th Edition J. Benjamin Taylor, Robert M. Howard, Richard N. Engstrom, 2024-09-01 By state law, graduates of public colleges and universities in Georgia must demonstrate proficiency with both the U.S. and Georgia constitutions. This widely used textbook helps students satisfy that requirement, either in courses or by examination. This brief and affordable study aid begins with a discussion of the ways that state and local governments, in providing services and allocating funds, affect our daily lives. Subsequent chapters are devoted to - the development of our federal system and the importance of constitutions in establishing authority, distributing power, and formalizing procedures - how the various state constitutions differ from each other, even as they all complement the U.S. Constitution - how constitutions in Georgia have been amended or replaced - Georgia’s governmental institutions at the state, county, and city levels - elections in Georgia, including the basic ground rules for holding primaries, general elections, and runoffs Key terms and concepts are covered throughout the book, as well as important court cases at the national and state level. In addition, helpful lists, diagrams, and tables summarize and compare such information as: - the structure of Georgia’s court system - the number of constitutions each of the fifty states has had, the number of times each state’s constitution has - been amended, and the length of each state’s current constitution - various procedures used by the states to amend their constitutions - Georgia’s ten constitutions, with highlights of their major changes or features - the number of amendments voted on in Georgia from 1984 to 2012 - the executive branch officials elected by the public across states - the constitutional boards and commissions in Georgia, with details on the methods by which members are chosen - the number and types of local governments in Georgia since 1952, including counties, municipalities, school districts, and special districts - the major federal cases in which Georgia has been a party, on issues of discrimination, representation, freedom of speech and the press, the accused or convicted of crimes, and the right to privacy - rights and liberties, and how constitutions guarantee and protect them |
| our federal and state constitutions: The Illinois State Constitution Ann Lousin, 2011 Since Illinois became a state in 1818, it has been a microcosm of the country at every stage of its development, from its status as a free state in antebellum America to a state rich in agriculture and industry whose goods and services now travel the world. Illinois' four state constitutions have reflected its changing values. Illinois is currently one of the few states that have adopted a new constitution since World War II. This 1970 constitution has become a model for countries in Central and Eastern Europe seeking examples of modern American constitutions. The Illinois State Constitution traces the history of the state's constitution from its statehood in 1818 to the adoption of the state's fourth constitution in 1970. Ann M. Lousin, who has been involved in Illinois constitutional development and government for over four decades, provides provision-by-provision commentary and analysis of the state's current constitution, covering the Preamble, the Bill of Rights, and the various articles and amendments, including a survey of case law under each provision. 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. |
| our federal and state constitutions: America's Constitution Akhil Reed Amar, 2012-02-29 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. |
| our federal and state constitutions: Unruly Americans and the Origins of the Constitution Woody Holton, 2007-10-02 Examines the original intent behind the writing of the Constitution and how it was shaped by the reactions, occasionally violent ones, of citizens to include a protection of civil liberties and the freedom of the people. |
| our federal and state constitutions: How Constitutional Rights Matter Adam S. Chilton, Mila Versteeg, 2020 Do countries that add rights to their constitutions actually do better at protecting those rights? This study draws on global statistical analyses and survey experiments to answer this question. It explores whether constitutionalizing rights improves respect for those rights in practice. |
| our federal and state constitutions: New York State Constitution, The: A Reference Guide Peter J. Galie, 1991 |
| our federal and state constitutions: The Montana State Constitution Larry M. Elison, Fritz Snyder, 2011 Montana's state constitution was created during the early 1970s. Progressive, innovative and pragmatic, it combines a strong concern for individual rights, personal liberty, and individual dignity while seeking to keep government open and responsive to the will of the people of Montana. It also stresses rights to a clean and healthful environment. The Montana State Constitution is the first reference guide to offer an in-depth analysis of the state's constitutional history. In it, Larry Elison and Fritz Snyder provide the text of the constitution, its meaning, and its legal interpretations. It is an excellent research tool for those interested in Montana's constitutional history and case law, and it includes a comprehensive bibliographic essay dealing with available primary and secondary research sources. 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. |
| our federal and state constitutions: Constitutionalism and the Rule of Law Maurice Adams, Anne Meuwese, Ernst Hirsch Ballin, 2017-02-02 Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating. |
| our federal and state constitutions: The Words That Made Us Akhil Reed Amar, 2021-05-04 A history of the American Constitution's formative decades from a preeminent legal scholar When the US Constitution won popular approval in 1788, it was the culmination of thirty years of passionate argument over the nature of government. But ratification hardly ended the conversation. For the next half century, ordinary Americans and statesmen alike continued to wrestle with weighty questions in the halls of government and in the pages of newspapers. Should the nation's borders be expanded? Should America allow slavery to spread westward? What rights should Indian nations hold? What was the proper role of the judicial branch? In The Words that Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today. |
| our federal and state constitutions: What You Should Know About the United States Constitution and the Bill of Rights John Coleman, 2016-05-13 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. |
| our federal and state constitutions: The Heritage Guide to the Constitution David F. Forte, Matthew Spalding, 2014-09-16 A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation |
| our federal and state constitutions: Our Republican Constitution Randy E. Barnett, 2016-04-19 A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena. |
| our federal and state constitutions: State Constitutional Law Randy James Holland, Stephen R. McAllister, Jeffrey M. Shaman, Jeffrey Stuart Sutton, 2015-12-11 In this, the second edition of State Constitutional Law: The Modern Experience, the authors present cases, scholarly writings, and other materials about our ever-evolving, ever-more-relevant state charters of government. The casebook starts by placing state constitutions in context--in the context of a federal system that leaves some powers exclusively with the States, delegates some powers exclusively to the Federal Government, and permits overlapping authority by both sovereigns in many areas. The resulting combination of state and federal charters--what might be called American Constitutional Law--presents fruitful opportunities for give and take, for exporting and importing constitutional tools and insights between and among the different sovereigns. The casebook often addresses the point by explaining how the U.S. Constitution deals with an issue before discussing how the state constitutions handle an identical or similar issue. At other times, the casebook explains and illustrates how the state constitutions contain provisions that have no parallel in the U.S. Constitution. A central theme of the book, explored in the context of a variety of constitutional guarantees, is that state constitutions provide a rich source of rights independent of the federal constitution. Considerable space is devoted to the reasons why a state court might construe the liberty and property rights found in their constitutions, to use two prominent examples, more broadly than comparable rights found in the U.S. Constitution. Among the reasons considered are: differences in the text between the state and federal constitutional provisions, the smaller scope of the state courts'' jurisdiction, state constitutional history, unique state traditions and customs, and disagreement with the U.S. Supreme Court''s interpretation of similar language. State constitutional law, like its federal counterpart, is not confined to individual rights. The casebook also explores the organization and structure of state and local governments, the method of choosing state judges, the many executive-branch powers found in state constitutions but not in their federal counterpart, the ease with which most state constitutions can be amended, and other topics, such as taxation, public finance and school funding. The casebook is not parochial. It looks at these issues through the lens of important state court decisions from nearly every one of our 50 States. In that sense, it is designed for a survey course, one that does not purport to cover any one State''s constitution in detail but that considers the kinds of provisions found in many state charters. Like a traditional contracts, real property or torts textbook, the casebook uses the most interesting state court decisions from around the country to illustrate the astonishing array of state constitutional issues at play in American Constitutional Law. It is difficult to overstate the growing significance of state constitutional law. Many of the ground-breaking constitutional debates of the day are being aired in the state courts under their own constitutions--often as a prelude to debates about whether to nationalize this or that right under the National Constitution. To use the most salient example, it is doubtful that there would have been a national right to marriage equality in 2015, see Obergefell v. Hodges, without the establishment of a Massachusetts right to marry in 2003, see Goodridge v. Department of Public Health. In other areas of constitutional litigation--gun rights, capital punishment, property rights, school funding, free exercise claims, to name but a few--state courts often are the key innovators as well, relying on their own constitutions to address individual rights and structural debates of the twenty-first century. The mission of the casebook is to introduce students to this increasingly significant body of American law and to prepare them to practice effectively in it. |
| our federal and state constitutions: Colonists, Citizens, Constitutions James Hrdlicka, 2020-01-20 Colonists, Citizens, Constitutions highlights documents that tell the story of American constitutionalism from the founding era through the turn of the twentieth century. Colonists, Citizens, Constitutions highlights documents that tell the story of American constitutionalism from the founding era through the turn of the twentieth century. Accompanying a major exhibition at the New-York Historical Society and the Museum of the American Revolution, the book features federal and state constitutional materials - including a rare, privately owned copy of the original 1787 US constitution - that offer essential windows onto the history of the United States. Remarkably numerous and impressively diverse, constitutions enabled Americans to create revolutionary governments of, by, and for the people. Weaving both well-known and less familiar documents into a compelling narrative, the accessible text reveals how Americans have exercised their constitutional powers to shape their communities and why democracy remains an ongoing process, one in which citizens must constantly strive to create 'more perfect' unions among themselves.Contents: Foreword; Preface; Collecting Evidence: The Making of an American Collection; Introduction; 1. Experiments in Self-Government; 2. An Expanding Union; 3. Slavery and Freedom; 4. Reform and Renewal; Epilogue; Works in the Catalogue; Selected Bibliography; Acknowledgments; Index |
| our federal and state constitutions: California Constitutional Law David Carrillo, Danny Chou, 2021-03-29 This is the first casebook dedicated to the California Constitution. It begins by introducing the history of the California Constitution and its relationship to the federal and other state constitutions, and then covers the California constitutional provisions that establish the design and structure of California's state and local governments, protect individual rights, and govern other areas like elections, public finance, and water rights. Designed to allow professors to select the topics to be covered in a three- to four-unit lecture course or discussion seminar, the book's narrative style combines essays and case excerpts that make the law easily accessible to students and introduce them to the important role that the California Constitution plays in developing California law. |
| our federal and state constitutions: SOU-CCJ230 Introduction to the American Criminal Justice System Alison Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore Rutz-Burri, Shanell Sanchez, 2019 |
| our federal and state constitutions: Our Federal and State Constitutions - Illinois Edition Alex J. Schmidt, 2018-05-10 Our Federal Constitution is a concise 56-page streamlined worktext tailored to fulfill the required study of the United States Constitution. The materials are written in an easy-to-read and understand format designed for students of all ages and abilities. |
| our federal and state constitutions: Plain, Honest Men Richard Beeman, 2009 “While some have boasted it as a work from Heaven, others have given it a less righteous origin. I have many reasons to believe that it is the work of plain, honest men.” –Robert Morris, delegate from Pennsylvania to the Constitutional Convention From distinguished historian Richard Beeman comes a dramatic and engrossing account of the men who met in Philadelphia during the summer of 1787 to design a radically new form of government. Plain, Honest Men takes readers behind the scenes and beyond the debate to show how the world’s most enduring constitution was forged through conflict, compromise, and, eventually, fragile consensus. The delegates met in an atmosphere of crisis, many Americans at that time fearing that a combination of financial distress and civil unrest would doom the young nation’s experiment in liberty. When the delegates began their deliberations in May 1787, they discovered that a small cohort of men, led by James Madison, had prepared an audacious plan–revolutionary in its view of the nature of American government. The success of this bold and brilliant strategy was far from assured, and the ultimate outcome of the delegates’ labors–the creation of a frame of government that would enable America to flourish–was very different from what Madison had envisioned when he launched his grand scheme. Beeman captures as never before the dynamic of the debate and the characters of the men who labored that summer in Philadelphia, among them James Madison, as brilliant as he was unprepossessing; the mercurial Gouverneur Morris of Pennsylvania, arrogant, combative, but ultimately effective in shaping the language of the completed Constitution; Maryland’s Luther Martin, a pugnacious (and often inebriated) opponent of a strong national government; Roger Sherman, the straightforward Connecticut delegate who helped broker some of the key compromises of the Convention; and General George Washington, whose quiet dignity and forceful presence helped keep under control the clash of egos and words among the delegates. Virtually all of the issues the delegates debated that summer–the extent of presidential power, the nature of federalism, and, most explosive of all, the role of slavery–have continued to provoke conflict throughout the nation’s history. Plain, Honest Men is a fascinating portrait of another time and place, a bold and unprecedented book about men, both grand and humble, who wrote a document that would live longer than they ever imagined. This is an indispensable work for our own time, in which debate about the Constitution’s meaning still rages. |
| our federal and state constitutions: The Law of the Federal and State Constitutions of the United States Frederic Jesup Stimson, 1908 |
| our federal and state constitutions: Alaska's Constitution Gordon Scott Harrison, 2021 This book, written for all citizens and voters of Alaska, summarizes the origin and evolution of Alaska's constitution, discusses how the delegates to Alaska's constitutional convention approached the subject of the various articles, and elaborates on key ideas, words, phrases, judicial interpretations, and political history associated with the sections of each article. It is essentially a guide on Alaska's basic law for those who want to learn more about the state constitution. |
| our federal and state constitutions: The State Constitution of Texas Texas, 1963 |
| our federal and state constitutions: The Constitution of the United States and The Declaration of Independence Delegates of The Constitutional Convention, 2019-02-12 Including a new introduction by eminent civil libertarian and New York Times bestselling author Alan Dershowitz, this edition of the US Constitution is a must-have for all Americans and anyone interested in American history. This quick, easy reference for our federal government’s structure, powers, and limitations includes: Introduction by Alan Dershowitz (author of the New York Times bestseller The Case Against Impeaching Trump) The Constitution of the United States The Bill of Rights All Amendments to the Constitution The Declaration of Independence The Constitution of the United States and The Declaration of Independence are two of the most important documents in American history. Conveying the principles on which the country was founded and providing the ideals that still guide American politics today, these are the seminal works from which the foundation of America was built. Signed by the members of the Constitutional Convention in Philadelphia on September 17, 1787, The Constitution outlines the powers and responsibilities of the three chief branches of the federal government, as well as the basic rights of the citizens of the United States. The Declaration of Independence was crafted by Thomas Jefferson in June of 1776 and it provides the basis of all American political philosophy and civil liberties. Collected here in one affordable, pocket-sized volume are some of the most valued pieces of writing in American history. Every American, regardless of political affiliation, should own a copy. |
| our federal and state constitutions: Our Federal and State Constitutions Alex J. Schmidt, 2005 |
| our federal and state constitutions: The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States ... Benjamin Perley Poore, 1878 Spans centuries of legal documents from Progatives granted to Christopher Columbus in 1492 to the Constitution of Texas in 1876. |
| our federal and state constitutions: State and Local Government and Politics Christopher A. Simon, Brent S. Steel, Nicholas P. Lovrich, 2018 |
| our federal and state constitutions: The Federal Judicature: Ch III of the Constitution , 2019 |
| our federal and state constitutions: Our Federal and State Constitutions Alex J. Schmidt, 1980 |
| our federal and state constitutions: The Federal and State Constitutions Francis Newton Thorpe, 1909 |
OUR Definition & Meaning - Merriam-Webster
The meaning of OUR is of or relating to us or ourselves or ourself especially as possessors or possessor, agents or agent, or objects or object of an action. How to use our in a sentence.
OUR | English meaning - Cambridge Dictionary
We use pronouns to refer to possession and ‘belonging’. There are two types: possessive pronouns and possessive determiners. We use possessive determiners before a noun. We …
OUR definition and meaning | Collins English Dictionary
You use our to indicate that something belongs or relates both to yourself and to one or more other people.
Our vs. Are: Meanings, Differences, and Proper Use
Jun 3, 2021 · While “our” and “are” sound very similar, these two words have completely different meanings. Knowing when to use "our" vs. "are" can save you an embarrassing grammar …
Are vs. Our: What’s the Difference? - Writing Explained
Are is a verb, while our is a possessive pronoun. They cannot be substituted for each other, and to do so would be a mistake. A re is an important a uxiliary verb.
Our - definition of our by The Free Dictionary
1. of, belonging to, or associated in some way with us: our best vodka; our parents are good to us. 2. belonging to or associated with all people or people in general: our nearest planet is Venus. …
Our vs. We — What’s the Difference?
Apr 3, 2024 · "Our" is a possessive pronoun indicating ownership by the speaker and others, while "we" is a subject pronoun referring to the speaker and at least one other person.
Are vs. Our: What’s the Difference? - twominenglish.com
Mar 28, 2024 · Are and our may seem similar at a glance, or when spoken quickly in a conversation. Yet, they play very different roles in the English language. One is a verb, …
OUR Definition & Meaning | Dictionary.com
Our definition: (a form of the possessive case of we used as an attributive adjective).. See examples of OUR used in a sentence.
What does our mean? - Definitions.net
"Our" is a possessive pronoun used to indicate ownership or association with a group of people that includes the speaker and one or more other individuals. It suggests a sense of belonging …
OUR Definition & Meaning - Merriam-Webster
The meaning of OUR is of or relating to us or ourselves or ourself especially as possessors or possessor, agents or agent, or objects or object of an action. How to use our in a sentence.
OUR | English meaning - Cambridge Dictionary
We use pronouns to refer to possession and ‘belonging’. There are two types: possessive pronouns and possessive determiners. We use possessive determiners before a noun. We use possessive …
OUR definition and meaning | Collins English Dictionary
You use our to indicate that something belongs or relates both to yourself and to one or more other people.
Our vs. Are: Meanings, Differences, and Proper Use - YourDictionary
Jun 3, 2021 · While “our” and “are” sound very similar, these two words have completely different meanings. Knowing when to use "our" vs. "are" can save you an embarrassing grammar mistake …
Are vs. Our: What’s the Difference? - Writing Explained
Are is a verb, while our is a possessive pronoun. They cannot be substituted for each other, and to do so would be a mistake. A re is an important a uxiliary verb.
Our - definition of our by The Free Dictionary
1. of, belonging to, or associated in some way with us: our best vodka; our parents are good to us. 2. belonging to or associated with all people or people in general: our nearest planet is Venus. 4. …
Our vs. We — What’s the Difference?
Apr 3, 2024 · "Our" is a possessive pronoun indicating ownership by the speaker and others, while "we" is a subject pronoun referring to the speaker and at least one other person.
Are vs. Our: What’s the Difference? - twominenglish.com
Mar 28, 2024 · Are and our may seem similar at a glance, or when spoken quickly in a conversation. Yet, they play very different roles in the English language. One is a verb, essential for forming …
OUR Definition & Meaning | Dictionary.com
Our definition: (a form of the possessive case of we used as an attributive adjective).. See examples of OUR used in a sentence.
What does our mean? - Definitions.net
"Our" is a possessive pronoun used to indicate ownership or association with a group of people that includes the speaker and one or more other individuals. It suggests a sense of belonging or …
