The Development of Independent State Constitutional Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Development of Independent State Constitutional Law PDF full book. Access full book title The Development of Independent State Constitutional Law by James A. Gardner. Download full books in PDF and EPUB format.
Author: James A. Gardner
Publisher:
ISBN:
Category :
Languages : en
Pages : 388
Get Book Here
Book Description
Author: James A. Gardner
Publisher:
ISBN:
Category :
Languages : en
Pages : 388
Get Book Here
Book Description
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:
Publisher:
ISBN:
Category :
Languages : en
Pages : 388
Get Book Here
Book Description
Author: Robert F. Utter
Publisher: Oxford University Press on Demand
ISBN: 0199946167
Category : Law
Languages : en
Pages : 330
Get Book Here
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: Jennifer Friesen
Publisher: MICHIE
ISBN:
Category : Actions and defenses
Languages : en
Pages : 436
Get Book Here
Book Description
Author: Randy James Holland
Publisher: West Academic Publishing
ISBN:
Category : Constitutional law
Languages : en
Pages : 1004
Get Book Here
Book Description
This new case book addresses the constitutions of the 50 States. It is designed for a survey course, one that does not purport to cover every State's constitution in detail. Rather, like a traditional contracts, real property or torts textbook, it uses the most interesting state court decisions from around the country to illustrate the astonishing array of state constitutional issues at play in modern American law. The method of presentation emphasizes the function of state constitutions in our federal system. It sometimes does so by explaining how the U.S. Constitution deals with an issue before discussing how the state constitutions handle it, and it sometimes does so by explaining how the state constitutions contain provisions that have no parallel in the U.S. Constitution. A central theme of the book, explored in a variety of areas, is that state constitutions provide a source of rights independent of the Federal Constitution, and state courts frequently construe these provisions to grant more expansive protection for individual rights than the Federal Constitution provides. As the reader will see, the state courts' expansion of liberty and property rights under their constitutions stems from a variety of factors: differences in the text between the state and federal constitutional provisions, the smaller size of the state courts' jurisdiction, state constitutional history, unique state traditions and disagreement with the U.S. Supreme Court's interpretation of similar language. State constitutional law, like its federal counterpart, is not limited to individual rights. The book also explores the organization and structure of state and local governments, the method of choosing state judges, the ease with which most state constitutions can be amended, taxation, public finance and school funding. As the nightly news confirms, it is no exaggeration to say that many of the most ground-breaking constitutional debates of the day are being aired in the state courts under their own constitutions. The mission of this book is to introduce students to this increasingly significant body of American law and to prepare them to practice effectively in it.
Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 420
Get Book Here
Book Description
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.
Author: James A. Gardner
Publisher: Oxford University Press
ISBN: 0195368320
Category : Law
Languages : en
Pages : 190
Get Book Here
Book Description
Chapters featured in this title include: 'Dual Enforcement of Constitutional Norms', 'Cool Federalism and the Life Cycle of Moral Progress', 'Why Federalism and Constitutional Positivism Don't Mix', and 'Interjurisdictional Enforcement of Rights in a Post-erie World', amongst others.
Author: John Remington Graham
Publisher: Independently Published
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
A restatement and rediscovery of the intended meaning of the United States Constitution, this exhaustive volume closely examines the document as originally framed in 1787, implemented in 1789, and amended in 1791, 1798, and 1804. Tracing each provision of the Constitution and its first twelve amendments to its basic roots, John Remington Graham presents a focused yet comprehensive reading of the document, exposing its true legal meaning in a manner never done before. Based on centuries of human experience and legal tradition, the intended meaning of the Constitution has a substantive content that must endure, Graham argues, despite fluctuating judicial interpretations. For good reason, the Framers of the Constitution wanted to assure that judges would resolve disputes upon established principles of law and not legislate from the bench; that responsibility for maintaining the Constitution would be shared as well by the executive and legislative branches of government; and that legal equilibrium across the country would be achieved by prudent distribution of power between the Union and the States. Uniquely, the book considers the founding fathers of the United States, including George Washington, Alexander Hamilton, Benjamin Franklin, Thomas Jefferson, James Madison, and George Mason, alongside the reigning princes of Europe (Louis XVI and George III)-formidable figures who deeply influenced the fledgling republic. Presenting the immutable and timeless features of the Constitution as it was originally intended and given to posterity, this consummate work is a true treasure of American scholarship, timeless as the magnificent document it deftly illuminates.
Author: Robert Williams
Publisher: Oxford University Press
ISBN: 0199711305
Category : Law
Languages : en
Pages : 450
Get Book Here
Book Description
The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Using specific examples, Professor Williams provides legal analysis of the nature and function of state constitutions by contrast to the federal Constitution, including rights, separation of powers, policy-based provisions, the judicial interpretation issues that arise under state constitutions and the processes for their amendment and revision. Reference is made to history and political theory, but legal analysis is the primary focus. The Law of American State Constitutions provides an important analytical tool that explains the unique character and the range of judicial interpretation of these constitutions, together with the specialized techniques of argument and interpretation surrounding state constitutions. This is the first book to present a complete picture of the current body of state constitutional law and its judicial interpretation.
