The Law of American State Constitutions
The Law of American State Constitutions

Author: Robert Williams

Publisher: Oxford University Press

Published: 2009-10-22

Total Pages: 450

ISBN-13: 0199711305

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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.

The Law of American State Constitutions
The Law of American State Constitutions

Author: Robert Forrest Williams

Publisher: Oxford University Press

Published: 2009

Total Pages: 450

ISBN-13: 0195343085

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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.

The Law of American State Constitutions
The Law of American State Constitutions

Author: Robert F. Williams

Publisher: Oxford University Press

Published: 2023-05-05

Total Pages: 513

ISBN-13: 0190068809

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The second edition of 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. Drawing on examples from specific states, Professors Williams and Friedman analyze the nature and function of state constitutions in contrast to the federal Constitution, including rights, separation of powers, issues of interpretation, and the processes for amendment and revision. In this edition, Williams and Friedman focus on recent developments, including the state constitutional dimensions of same-sex marriage and the reaction of state courts to U.S. Supreme Court decision making. This edition of The Law of American State Constitutions remains an important analytical tool that explains the unique character and the range of interpretive approaches to these constitutions. It covers the structure of state governments under state constitutions as well as the distribution of powers among the legislative, executive, and judicial branches. Like the first edition, this edition presents a complete picture of state constitutional law and the attributes and features that make this body of law so distinctive.

State Constitutions of the United States
State Constitutions of the United States

Author: Robert Maddex

Publisher: CQ Press

Published: 2005-09-23

Total Pages: 574

ISBN-13: 1452267375

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Newly updated and reflecting the diversity of state policies and the issues that are important to them, State Constitutions of the United States collects, explains, and offers comparison of each of the fifty state constitutions. Its in-depth explorations and easy-to-follow structure reveal individual state priorities, the significance of state constitutions and their impact on issues that affect the day-to-day lives of citizens. This major revision incorporates specific details and describes trends and patterns in state constitutions, drawing on over 380 amendments passed since the first edition of this resource was published in 1998. These amendments address, at the state level, important issues that are also being debated on the national level, such as freedom of religion (Alabama), tobacco (Arizona), death penalty (Florida), and same-sex marriage in a number of states. The new edition addresses all of these issues and more, in well-organized state-by-state chapters-including a new chapter on Washington, DC. Beyond the extensive state-by-state coverage, this resource provides further insights through supplemental materials, including an overview of state constitutions, comparative tables, "new rights" such as privacy and victim′s rights, "special provisions" such as the environment and home rule, and much more. This is the only one-volume resource on state constitutions designed to inform non-specialists, including students, non-constitutional scholars, and interested citizens, about the variety, influence, and continual revision and innovation that define state constitutions in the U.S. A wide range of libraries, including those that serve college students, AP high school students, and the general public, will want to update their collections with this unique and essential reference work.

Looking for Rights in All the Wrong Places
Looking for Rights in All the Wrong Places

Author: Emily Zackin

Publisher: Princeton University Press

Published: 2013-04-21

Total Pages: 250

ISBN-13: 069115578X

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Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.

51 Imperfect Solutions
51 Imperfect Solutions

Author: Judge Jeffrey S. Sutton

Publisher: Oxford University Press

Published: 2018-05-07

Total Pages: 288

ISBN-13: 0190866063

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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.

State Constitutions for the Twenty-first Century, Volume 3
State Constitutions for the Twenty-first Century, Volume 3

Author: G. Alan Tarr

Publisher: State University of New York Press

Published: 2012-02-01

Total Pages: 382

ISBN-13: 0791481980

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This third and final volume in a series devoted to state constitutions analyzes how these documents address major constitutional issues such as the protection of rights; voting and elections; constitutional change; the legislature; the executive; the judiciary; taxing, spending, and borrowing; local government; education; and the environment. Contributors identify the strengths and weaknesses of current state constitutions, highlight the major issues confronting the states, and assess various approaches for reform.

The American State Constitutional Tradition
The American State Constitutional Tradition

Author: John J. Dinan

Publisher:

Published: 2006

Total Pages: 448

ISBN-13:

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The first comprehensive study of all 114 state constitutional conventions for which there are records--from Connecticut's in 1818 to New Hampshire's in 1984. By integrating state constitution-makers with the federal constitutional tradition, this path-breaking work yields a superior understanding of how American citizens have chosen to govern themselves.