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Author: Michigan. Constitutional Convention
Publisher:
ISBN:
Category :
Languages : en
Pages : 1074
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Author: Michigan. Constitutional Convention
Publisher:
ISBN:
Category :
Languages : en
Pages : 1074
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Author: John J. Dinan
Publisher: University Press of Kansas
ISBN: 0700616896
Category : Political Science
Languages : en
Pages : 447
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Book Description
For too long, the American constitutional tradition has been defined solely by the U.S. Constitution drafted in 1787. Yet constitutional debates at the state level open a window on how Americans, in different places and at different times, have chosen to govern themselves. From New Hampshire in 1776 to Louisiana in 1992, state constitutional conventions have served not only as instruments of democracy but also as forums for revising federal principles and institutions. In The American State Constitutional Tradition, John Dinan shows that state constitutions are much more than mere echoes of the federal document. The first comprehensive study of all 114 state constitutional conventions for which there are recorded debates, his book shows that state constitutional debates in many ways better reflect the accumulated wisdom of American constitution-makers than do the more traditional studies of the federal constitution. Wielding extraordinary command over a mass of historical detail, Dinan clarifies the alternatives considered by state constitution makers and the reasons for the adoption or rejection of various governing principles and institutions. Among other things, he shows that the states are nearly universal in their rejection of the rigid federal model of the constitutional amendment process, favoring more flexible procedures for constitutional change; they often grant citizens greater direct participation in law-making; they have debated and at times rejected the value of bicameralism; and they have altered the veto powers of both the executive and judicial branches. Dinan also shows that, while the Founders favored a minimalist design and focused exclusively on protecting individuals from government action, state constitution makers have often adopted more detailed constitutions, sometimes specifying positive rights that depend on government action for their enforcement. Moreover, unlike the federal constitution, state constitutions often contain provisions dedicated to the formation of citizen character, ranging from compulsory schooling to the regulation of gambling or liquor. By integrating state constitution making with the federal constitutional tradition, this path-breaking work widens and deepens our understanding of the principles by which we've chosen to govern ourselves.
Author: John Ross Browne
Publisher:
ISBN:
Category : California
Languages : en
Pages : 534
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Author: Michigan. Constitutional Convention
Publisher:
ISBN:
Category : Constitutional amendments
Languages : en
Pages : 1000
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Author: Francis Newton Thorpe
Publisher:
ISBN:
Category : Charters
Languages : en
Pages : 702
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Author: John J. Dinan
Publisher: University Press of Kansas
ISBN: 070063147X
Category : Law
Languages : en
Pages : 277
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Book Description
Which branch of government should be entrusted with safeguarding individual rights? Conventional wisdom assigns this responsibility to the courts, on the grounds that liberty can only be protected through judicial interpretation of bills of rights. In fact it is difficult for many people even to conceive of any other way that rights might be protected. John Dinan challenges this understanding by tracing and evaluating the different methods that have been used to protect rights in the United States from the founding until the present era. By examining legislative statutes, judicial decisions, convention proceedings, and popular initiatives in four representative states-Massachusetts, Virginia, Michigan, and Oregon-Dinan shows that rights have been secured in the American polity in three principal ways. Throughout the eighteenth and nineteenth centuries, rights were protected primarily through representative institutions. Then in the early twentieth century, citizens began to turn to direct democratic institutions to secure their rights. It was not until the mid-twentieth century that judges came to be seen as the chief protectors of liberties. By analyzing the relative ability of legislators, citizens, and judges to serve as guardians of rights, Dinan's study demonstrates that each is capable of securing certain rights in certain situations. Elected representatives are generally capable of protecting most rights, but popular initiatives provide an effective mechanism for securing rights in the face of legislative intransigence, and judicial decisions offer a superior means of protecting liberties in crisis times. Accordingly, rather than viewing rights protection as the peculiar province of any single institution, this task ought to be considered the proper responsibility of all these institutions. By undertaking a comparison of these institutional methods across such a wide expanse of time, Keeping the People's Liberties makes a highly original contribution to the literature on rights protection and provides a new perspective on debates about the contemporary role of representative, populist, and judicial institutions.
Author: Francis Newton Thorpe
Publisher:
ISBN:
Category : Charters
Languages : en
Pages : 696
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Book Description
![Gouveneur [i.e. Gouverneur] Morris PDF](https://books.google.com/books/content/images/frontcover/Zyra6H3Xz3YC?fife=w80-h100)
Author:
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Category : Statesmen
Languages : en
Pages : 8
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Author:
Publisher:
ISBN:
Category : Economics
Languages : en
Pages : 390
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Author: Chicago Public Library
Publisher:
ISBN:
Category : Economics
Languages : en
Pages : 390
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