Sowing the Wind
Sowing the Wind

Author: Dorothy Overstreet Pratt

Publisher: Univ. Press of Mississippi

Published: 2017-11-06

Total Pages: 311

ISBN-13: 1496815491

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In 1890, Mississippi called a convention to rewrite its constitution. That convention became the singular event that marked the state's transition from the nineteenth century to the twentieth and set the path for the state for decades to come. The primary purpose of the convention was to disfranchise African American voters as well as some poor whites. The result was a document that transformed the state for the next century. In Sowing the Wind, Dorothy Overstreet Pratt traces the decision to call that convention, examines the delegates' decisions, and analyzes the impact of their new constitution. Pratt argues the constitution produced a new social structure, which pivoted the state's culture from a class-based system to one centered upon race. Though state leaders had not anticipated this change, they were savvy in their manipulation of the issues. The new constitution effectively filled the goal of disfranchisement. Moreover, unlike the constitutions of many other southern states, it held up against attack for over seventy years. It also hindered the state socially and economically well into the twentieth century.

A Federal Right to Education
A Federal Right to Education

Author: Kimberly Jenkins Robinson

Publisher: NYU Press

Published: 2023-06-13

Total Pages: 390

ISBN-13: 1479825891

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How the United States can provide equal educational opportunity to every child The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.

A Matter of Interpretation
A Matter of Interpretation

Author: Antonin Scalia

Publisher: Princeton University Press

Published: 2018-01-30

Total Pages: 197

ISBN-13: 0691174040

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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—“distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

The Mississippi State Constitution
The Mississippi State Constitution

Author: John W. Winkle III

Publisher: Oxford Commentaries on the Sta

Published: 2014

Total Pages: 224

ISBN-13: 0199890730

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In The Mississippi State Constitution, John W. Winkle III explores constitutional meaning in Mississippi, both past and present, and shows how, through their own interpretations, judges and other government actors have shaped that meaning. This book illustrates how the popular will of the moment, through constitutional reform conventions or approved amendments, may have both intended and unintended consequences for generations to come. Whether a constitution is a document of power or of limitation is an ageless and important question. The current and now antiquated 1890 version, its patchwork pattern of amendments, and numerous judicial interpretations since, by and large leave that question unsettled. The Mississippi State Constitution features three structural components that are useful for lay and professional audiences alike. First, it surveys the history and development of Mississippi's four constitutions (1817, 1832, 1869, and 1890) by examining the nineteenth century preference for state conventions as agents of comprehensive constitutional reform, and the twentieth and twenty-first century preferences for piecemeal amendments (more than 160 proposals). Second, the book offers a detailed section-by-section commentary on the fifteen articles of the current constitution. It explains the meaning and traces the origins of each provision. In the interest of a fair and thorough analysis, this commentary relies on rulings handed down by Mississippi appellate courts, opinions issued by the office of state attorney general, and enabling legislation passed by state lawmakers. Third, this volume provides a bibliographic essay on available primary and secondary sources for those interested in further study. The Oxford Commentaries on the State Constitutions of the United States is an important new 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.