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Author: Judge Jeffrey S. Sutton
Publisher: Oxford University Press
ISBN: 0190866063
Category :
Languages : en
Pages : 288
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Book Description
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: Judge Jeffrey S. Sutton
Publisher: Oxford University Press
ISBN: 0190866063
Category :
Languages : en
Pages : 288
Get Book Here
Book Description
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: Joseph R. Grodin
Publisher: Oxford Commentaries on the Sta
ISBN: 0199988641
Category : Law
Languages : en
Pages : 613
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Book Description
Part One. The history of the California Constitution -- Part Two. The California Constitution and commentary -- Article I. Declaration of rights -- Article II. Voting, initiative, referendum, and recall -- Article III. State of California -- Article IV. Legislative -- Article V. Executive -- Article VI. Judicial -- Article VII. Public officers and employees -- Article VIII. [Repealed] -- Article IX. Education -- Article X. Water -- Article XA. Water resources development -- Article XB. Marine resources protection act of 1990 -- Article XI. Local government -- Article XII. Public utilities -- Article XIII. Taxation -- Article XIIIA. [Tax limitation] -- Article XIIIB. Government spending limitation -- Article XIIIC. [Voter approval for local tax levies] -- Article XIIID. [Assessment and property-related fee reform] -- Article XIV. Labor relations -- Article XV. Usury -- Article XVI. Public finance -- Article XVII. [Repealed] -- Article XVIII. Amending and revising the Constitution -- Article XIX. Motor vehicle revenues -- Article XIXA. Loans from the public transportation account or local transportation funds -- Article XIXB. Motor vehicle fuel sales tax revenues and transportation improvement funding -- Article XIXC. [Enforcement of certain provisions] -- Article XX. Miscellaneous sujects -- Article XXI. Redistricting of Senate, Assembly, Congressional, and board of equalization districts -- Article XXII. [Architectural and engineering services] -- [Articles XXIII throught XXVIII have either been repealed or renumbered; there are no Articles XXIX-XXXIII.] -- Article XXXIV. Public housing project law -- Article XXXV. Medical research
Author: Wallace McClure
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 520
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Book Description
Author: James Quayle Dealey
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 336
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Book Description
Author: Danny M. Adkison
Publisher: Oxford University Press
ISBN: 0197514839
Category : Law
Languages : en
Pages : 424
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Book Description
In 1907, William Jennings Bryan described the proposed constitution for Oklahoma as "The best constitution in the United States today." An enduring characteristic of Oklahoma's constitution has been its faith in direct democracy and its root in Progressive Era politics. The Oklahoma State Constitution traces the historical formation and constitutional development of the state of Oklahoma. In it, Danny Adkison and Lisa McNair Palmer provide article-by-article commentary and analysis on the intent, politics, social and economic pressures, and legal decisions that shaped and enhanced the Oklahoma constitution since it was adopted in 1907. This commentary provides a broad understanding of state constitutional law within the context of Oklahoma's constitutional evolution. A bibliographic essay and list of cases offer sources for further study. The second edition further discusses amendments to the state constitution that range from a state law legalizing medical marijuana (which passed) to amending the state's constitution to allow optometrists to operate in Wal-Mart stores (which did not pass). The book features new and updated citations of court decisions and Attorney General opinions on the interpretation of constitutional provisions with the latest cases available. 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 Lawrence Friedman of New England Law School, Boson, 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: Peter J. Galie
Publisher: Oxford University Press
ISBN: 0199995982
Category : Law
Languages : en
Pages :
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Book Description
This fully updated new edition of 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. The New York State Constitution provides ready access to material that will help scholars, judges, lawyers, students and the general public to understand the historical background to the New York Constitution, the intent of the framers, and the evolution and current meaning of its provisions. 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: James A. Gardner
Publisher:
ISBN:
Category :
Languages : en
Pages : 388
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Book Description
Author: Robert F. Utter
Publisher: Oxford University Press on Demand
ISBN: 0199946167
Category : Law
Languages : en
Pages : 330
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Book Description
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: Melvin B. Hill , Jr.
Publisher: Oxford University Press
ISBN: 0190683503
Category : Law
Languages : en
Pages : 401
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Book Description
In The Georgia State Constitution, the authors offer a detailed description of the creation and development of Georgia's constitution. They explain how political and cultural events, from colonial times, through the Civil War, to the present, have affected Georgia's constitutional law. Accompanying the full text of the constitution is a rich commentary of the constitutional provisions. The authors trace their origins and interpretation by the courts and other governmental bodies. This volume also provides a bibliographical essay which features the most important sources of Georgia's constitutional history and constitutional law. It concludes with a table of cases cited in the history and the constitutional commentary, as well as a subject index. The second edition provides updates to the constitution including all constitutional amendments through the 2016 general election and additional case-law reflecting current thinking on critical legal issues in Georgia. 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: 0190068809
Category :
Languages : en
Pages : 513
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Book Description
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.
