The American State Constitutional Tradition
The American State Constitutional Tradition

Author: John J. Dinan

Publisher: University Press of Kansas

Published: 2006-04-14

Total Pages: 447

ISBN-13: 0700616896

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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.

Understanding State Constitutions
Understanding State Constitutions

Author: G. Alan Tarr

Publisher: Princeton University Press

Published: 2018-06-05

Total Pages: 261

ISBN-13: 0691188556

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For many Americans, the word "constitution" means just one thing: the national Constitution. According to a recent survey, almost half do not know that individual states also have constitutions. Scholars have also paid little attention to state constitutions, favoring the apparently more dynamic and significant federal scene. G. Alan Tarr seeks to change that in this landmark book. A leading authority on state legal issues, he combines history, law, and political science to present a thorough and long-needed account of the distinct and important role of state constitutions in American life. Tarr shows that state constitutional politics are dominated by three crucial issues with little salience at the national level: the distribution of power among groups and regions within states, the scope of state and local governmental authority, and the relation of the state to economic activity. He explains how state constitutions differ from the national Constitution in treating not only matters of high principle but also such mundane subjects as ski trails and motor vehicle revenues. He also explores why state constitutions, unlike their federal counterpart, have been so frequently amended and replaced. Tarr concludes that the United States not only has a system of dual constitutionalism but also has dual constitutional cultures. Powerfully argued and meticulously researched, the book fills an important gap in political and legal studies and finally gives state constitutions the scholarly attention they richly deserve.

The Decline of Authority
The Decline of Authority

Author: Ray Gunn

Publisher: Cornell University Press

Published: 2019-05-15

Total Pages: 303

ISBN-13: 1501745867

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From the Revolution until the Panic of 1837 Americans accepted state intervention in the economy as a legitimate, even an essential, function of government. The Decline of Authority examines the transformation of New York State government between 1800 and 1860, a critical period during which governmental authority diminished as most state governments withdrew from interventionist economic policies and relinquished their role in the allocation of resources to the private sector. Exploring the relationship between socioeconomic change, public economic policy, and political development, L. Ray Gunn offers an innovative explanation for the new configuration of politics and governance in New York State that emerged during this era.

Keeping the People's Liberties
Keeping the People's Liberties

Author: John J. Dinan

Publisher: University Press of Kansas

Published: 2021-10-08

Total Pages: 277

ISBN-13: 070063147X

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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.

The Road to Mass Democracy
The Road to Mass Democracy

Author: C. H. Hoebeke

Publisher: Routledge

Published: 2017-07-05

Total Pages: 238

ISBN-13: 135147488X

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Until 1913 and passage of the Seventeenth Amendment to the United States Constitution, US senators were elected by state legislatures, not directly by the people. Progressive Era reformers urged this revision in answer to the corruption of state "machines" under the dominance of party bosses. They also believed that direct elections would make the Senate more responsive to popular concerns regarding the concentrations of business, capital, and labor that in the industrial era gave rise to a growing sense of individual voicelessness. Popular control over the higher affairs of government was thought to be possible, since the spread of information and communications technology was seen as rendering indirect representation through state legislators unnecessary. However sincerely such reasons were advanced, C. H. Hoebeke contends, none of them accorded with the original intent of the Constitution's framers.The driving force behind the Seventeenth Amendment was the furtherance of democracy exactly what the founders were trying to prevent in placing the Senate out of direct popular reach. Democracy was not synonymous with liberty as it is today, but simply meant the absolute rule of the majority. In full reaction to the egalitarian theories of the Enlightenment, and to the excesses of popular government under the Articles of Confederation, the Constitution's framers sought a "mixed" Constitution, an ancient ideal under which democracy was only one element in a balanced republic. Accordingly, only the House of Representatives answered immediately to the people. But as Hoebeke demonstrates, the states never resisted egalitarian encroachments, and had settled for popular expedients when electing both presidents and senators long before the formal cry for amendment. The Progressives' charge that a corrupt and unresponsive Senate could never be reformed until placed directly in the hands of the people was refuted by the amendment itself. As required by the Constitutio