Progressive Oklahoma
Progressive Oklahoma

Author: Danney Goble

Publisher: University of Oklahoma Press

Published: 2015-07

Total Pages: 289

ISBN-13: 080615375X

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Progressive Oklahoma traces Oklahoma’s rapid evolution from pioneer territory to statehood under a model Progressive constitution. Author Danney Goble reasons that the Progressive movement grew as a reaction to an exaggerated species of Gilded Age social values—the notion that an expanding marketplace and unfettered individualism would properly regulate progress. Near the end of the territorial era, that notion was challenged: commercial farmers and trade unionists saw a need to control the market through collective effort, and the sudden appearance of new corporate powers convinced many that the invisible hand of the marketplace had become palsied. After years of territorial setbacks, Oklahoma Democrats readily embraced the Progressive agenda and swept the 1906 constitutional convention elections. They went on to produce for their state a constitution that incorporated such landmark Progressive features as the initiative and referendum, strict corporate regulation, sweeping tax reform, a battery of social justice measures, and provisions for state-owned enterprises. Goble is keenly aware that the Oklahoma experience was closely related to broader changes that shaped the nation at the turn of the century. Progressive Oklahoma examines the elemental changes that transformed Indian Territory into a new kind of state, and its inhabitants into Oklahomans—and modern Americans.

The Oklahoma State Constitution
The Oklahoma State Constitution

Author: Danny M. Adkison

Publisher: Oxford University Press

Published: 2020-08-04

Total Pages: 424

ISBN-13: 0197514839

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In 1907, William Jennings Bryan described the proposed constitution for Oklahoma as "The best constitution in the United States today." An enduring characteristic of Oklahoma's constitution has been its faith in direct democracy and its root in Progressive Era politics. The Oklahoma State Constitution traces the historical formation and constitutional development of the state of Oklahoma. In it, Danny Adkison and Lisa McNair Palmer provide article-by-article commentary and analysis on the intent, politics, social and economic pressures, and legal decisions that shaped and enhanced the Oklahoma constitution since it was adopted in 1907. This commentary provides a broad understanding of state constitutional law within the context of Oklahoma's constitutional evolution. A bibliographic essay and list of cases offer sources for further study. The second edition further discusses amendments to the state constitution that range from a state law legalizing medical marijuana (which passed) to amending the state's constitution to allow optometrists to operate in Wal-Mart stores (which did not pass). The book features new and updated citations of court decisions and Attorney General opinions on the interpretation of constitutional provisions with the latest cases available. 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 Lawrence Friedman of New England Law School, Boson, 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.

Safeguarding Federalism
Safeguarding Federalism

Author: John D. Nugent

Publisher: University of Oklahoma Press

Published: 2012-11-27

Total Pages: 346

ISBN-13: 0806186151

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Explains the dynamics of federalism in today’s policymaking process The checks and balances built into the U.S. Constitution are designed to decentralize and thus limit the powers of government. This system works both horizontally—among the executive, legislative, and judicial branches—and vertically—between the federal government and state governments. That vertical separation, known as federalism, is intended to restrain the powers of the federal government, yet many political observers today believe that the federal government routinely oversteps its bounds at the expense of states. In Safeguarding Federalism, John D. Nugent argues that contrary to common perception, federalism is alive and well—if in a form different from what the Framers of the Constitution envisioned. According to Nugent, state officials have numerous options for affecting the development and implementation of federal policy and can soften, slow down, or even halt federal efforts they perceive as harming their interests. Nugent describes the general approaches states use to safeguard their interests, such as influencing the federal policy, contributing to policy formulation, encouraging or discouraging policy enactment, participating in policy implementation, and providing necessary feedback on policy success or failure. Demonstrating the workings of these safeguards through detailed analysis of recent federal initiatives, including the 1996 welfare reform law, the Clean Air Act, moratoriums on state taxation of Internet commerce, and the highly controversial No Child Left Behind Act, Nugent shows how states’ promotion of their own interests preserves the Founders’ system of constitutional federalism today.

Oklahoma Legal Research
Oklahoma Legal Research

Author: Darin K. Fox

Publisher:

Published: 2013

Total Pages: 291

ISBN-13: 9781611631340

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Oklahoma Legal Research is the first book focused exclusively on how to research Oklahoma law. Oklahoma Legal Research examines resources and research methods for all types of Oklahoma primary law, secondary law, and practice materials; with chapters on researching Oklahoma statutory, regulatory, and case law. The book also includes a chapter on researching tribal law for Native American tribes located in Oklahoma; discusses how to do historical statutory research to locate the increasingly available legislative history materials for Oklahoma statutes; and covers resources and methods in both print and online formats, with visuals included to assist the researcher.This text has been written for legal researchers of various levels of experience and training. For those just learning the intricacies of legal research, it explains the basic processes and introduces the novice to the most important sources of Oklahoma and Native American tribal law. It also briefly discusses analogous materials in federal law, so that the less experienced researcher can better see the parallels between state and federal research.Experienced researchers will also benefit from having a text that brings together both print and online sources of Oklahoma law and that will assist them in determining which of those sources are better suited to accomplishing a particular research task.This book is part of the Legal Research Series, edited by Suzanne E. Rowe, Director of Legal Research and Writing, University of Oregon School of Law.

Keeping Faith with the Constitution
Keeping Faith with the Constitution

Author: Goodwin Liu

Publisher: Oxford University Press

Published: 2010-08-05

Total Pages: 274

ISBN-13: 0199752834

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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.