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.

The Spirit of 1889
The Spirit of 1889

Author: Samuel Western

Publisher: University Press of Kansas

Published: 2024-08-27

Total Pages: 218

ISBN-13: 0700637044

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In August 1889, the five states that were once part of the 1861 Dakota Territory—North Dakota, South Dakota, Wyoming, Montana, and Idaho—drafted their state constitutions in preparation for inclusion in the United States. These constitutions were models of progressive and pragmatic values for their time. Wyoming, for instance, was the first state to grant women’s suffrage. In addition to suffrage, delegates from these states banned child labor, curbed the power of railroads and grain monopolies, mandated state ownership of running water, opened voting eligibility, and created state-owned banks. These states, the “89ers,” as Samuel Western calls them, exhibited a spirit of commonweal inclusivity that set them apart. Much has changed since—and not for the better. Today, legislators in these five states have spurned these inclusive values. Instead, they promote the narrative of exclusion and lean toward authoritarianism. Legislators restrict voting, disenfranchise Native Americans, limit protests, squash public education, and discourage immigration initiatives, such as sanctuary cities. In their current condition, these states are in direct contradiction of the pragmatically inclusive and progressive values of their 1889 constitutions. The 89ers today are driven by ideological objections to political autonomy (stripping power from cities), fueling partisanship, and a rigid commitment to traditional commodity-based industries. Western sees hope for the future, but only if these states replace their fidelity to a particular idea of rural America with a more pragmatic openness to diversity and change—which will paradoxically bring them closer to the original spirit of their constitutions. Western calls for a radical rethinking of what rural America is and could be. As a long-time resident in Wyoming, he speaks not from the outside but as someone who personally cares about this region and its future prosperity. The Spirit of 1889 aims to shed light on how these states have drifted so far from where they began and what might be done to reclaim those original values.

Prestatehood Legal Materials
Prestatehood Legal Materials

Author: Michael Chiorazzi

Publisher: Routledge

Published: 2013-05-13

Total Pages: 1539

ISBN-13: 1136766022

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Explore the controversial legal history of the formation of the United States Prestatehood Legal Materials is your one-stop guide to the history and development of law in the U.S. and the change from territory to statehood. Unprecedented in its coverage of territorial government, this book identifies a wide range of available resources from each state to reveal the underlying legal principles that helped form the United States. In this unique publication, a state expert compiles each chapter using his or her own style, culminating in a diverse sourcebook that is interesting as well as informative. In Prestatehood Legal Materials, you will find bibliographies, references, and discussion on a varied list of source materials, including: state codes drafted by Congress county, state, and national archives journals and digests state and federal reports, citations, surveys, and studies books, manuscripts, papers, speeches, and theses town and city records and documents Web sites to help your search for more information and more Prestatehood Legal Materials provides you with brief overviews of state histories from colonization to acceptance into the United States. In this book, you will see how foreign countries controlled the laws of these territories and how these states eventually broke away to govern themselves. The text also covers the legal issues with Native Americans, inter-state and the Mexico and Canadian borders, and the development of the executive, legislative, and judicial branches of state government. This guide focuses on materials that are readily available to historians, political scientists, legal scholars, and researchers. Resources that assist in locating not-so-easily accessible materials are also covered. Special sections focus on the legal resources of colonial New York City and Washington, DC—which is still technically in its prestatehood stage. Due to the enormity of this project, the editor of Prestatehood Legal Materials created a Web page where updates, corrections, additions and more will be posted.

Framing the Solid South
Framing the Solid South

Author: Paul E. Herron

Publisher: University Press of Kansas

Published: 2017-06-02

Total Pages: 376

ISBN-13: 0700624376

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The South was not always the South. In the eighteenth and early nineteenth centuries, those below the Potomac River, for all their cultural and economic similarities, did not hold a separate political identity. How this changed, and how the South came to be a political entity that coheres to this day, emerges clearly in this book—the first comprehensive account of the Civil War Era and late nineteenth century state constitutional conventions that forever transformed southern politics. From 1860 to the turn of the twentieth century, southerners in eleven states gathered forty-four times to revise their constitutions. Framing the Solid South traces the consolidation of the southern states through these conventions in three waves of development: Secession, Reconstruction, and Redemption. Secession conventions, Paul Herron finds, did much more than dissolve the Union; they acted in concert to raise armies, write law, elect delegates to write a Confederate Constitution, ratify that constitution, and rewrite state constitutions. During Reconstruction, the national government forced the southern states to write and rewrite constitutions to permit re-entry into the Union—recognizing federal supremacy, granting voting rights to African Americans, enshrining a right to public education, and opening the political system to broader participation. Black southerners were essential participants in democratizing the region and reconsidering the nature of federalism in light of the devastation brought by proponents of states’ rights and sovereignty. Many of the changes by the postwar conventions, Herron shows, were undermined if not outright abolished in the following period, as “Redeemers” enshrined a system of weak states, the rule of a white elite, and the suppression of black rights. Southern constitution makers in all three waves were connected to each other and to previous conventions unlike any others in American history. These connections affected the content of the fundamental law and political development in the region. Southern politics, to an unusual degree, has been a product of the process Herron traces. What his book tells us about these constitutional conventions and the documents they produced is key to understanding southern history and the South today.