Expanding the Frontiers of Civil Rights
Expanding the Frontiers of Civil Rights

Author: Sidney Fine

Publisher: Wayne State University Press

Published: 2000

Total Pages: 462

ISBN-13: 9780814328750

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Although historians have devoted a great deal of attention to the development of federal government policy regarding civil rights in the quarter century following World War II, little attention has been paid to the equally important developments at the state level. Few states underwent a more dramatic transformation with regard to civil rights than Michigan did. In 1948, the Michigan Committee on Civil Rights characterized the state of civil rights in Michigan as presenting "an ugly picture". Twenty years later. Michigan was a leader among the states in civil rights legislation. Expanding the Frontiers of Civil Rights documents this important shift in state level policy and makes clear that civil rights in Michigan embraced not only blacks but women, the elderly, native Americans, migrant workers, and the physically handicapped. Sidney Fine's treatment of civil rights in Michigan is based on an exhaustive examination of unpublished, published, and interview sources. Fine relates civil rights developments in Michigan to civil rights actions by the federal government and other states. He focuses on the administrations of the three governors -- Democrats G. Mennen Williams (1949-1960), and John B. Swainson (1961-1962), and Republican George Romney (1963-1969) -- and the roles they played in furthering civil rights in Michigan, as well as other politicians and policymakers. Students of state history, civil rights history, and those interested in post-World War II history will find few accounts as broad ranging as this study of state civil rights legislation during the years the book covers.

51 Imperfect Solutions
51 Imperfect Solutions

Author: Judge Jeffrey S. Sutton

Publisher: Oxford University Press

Published: 2018-05-07

Total Pages: 297

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.

The Michigan State Constitution
The Michigan State Constitution

Author: Susan P. Fino

Publisher:

Published: 2011

Total Pages: 288

ISBN-13: 9780190224349

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Overview: The Michigan State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of Michigan's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made since its drafting. This treatment, along with a list of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of Michigan's constitution.

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.