The Resurgence Of State Constitutional Law
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The Resurgence Of State Constitutional Law
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Author :
language : en
Publisher:
Release Date : 1984
The Resurgence Of State Constitutional Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Constitutional law categories.
The Rise Of State Constitutional Law Equality And Liberty
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Author : Jeffrey M. Shaman
language : en
Publisher:
Release Date : 2020
The Rise Of State Constitutional Law Equality And Liberty written by Jeffrey M. Shaman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
As the U.S. Supreme Court became increasingly antipathetic to the recognition of individual rights, a different story was transpiring at the state level where a number of state courts had broken free of federal dominance of constitutional law and were turning to their state constitutions to protect individual rights and liberties. The reawakening of state constitutional law has had its greatest impact in the area of basic human rights: equality and liberty. State courts have re-invigorated constitutional law by developing new doctrine and new lines of analysis to fulfill the promise afforded by the state constitutions across the nation. This paper discusses a number of the more important state constitutional decisions protecting individual rights. The most recent of these cases is "League of Women Voters of Pennsylvania v. Commonwealth of Pennsylvania," in which the Supreme Court of Pennsylvania ruled that a voter redistricting plan adopted by the state General Assembly amounted to an unconstitutional partisan gerrymander in violation of the Free and Equal Elections Clause of the Pennsylvania Constitution. This stands in stark contrast to decisions of the U.S. Supreme Court refusing constitutional review of gerrymandering plans and thereby leaving state courts as the sole judicial avenue to challenge partisan gerrymandering. The paper concludes that state courts have surpassed the federal courts as the guardians of equality and liberty and that the renaissance of state constitutional law has been truly historic.
State Constitutional Law
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Author : Jennifer Friesen
language : en
Publisher: MICHIE
Release Date : 1999
State Constitutional Law written by Jennifer Friesen and has been published by MICHIE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Actions and defenses categories.
The Constitution Besieged
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Author : Howard Gillman
language : en
Publisher:
Release Date : 1993
The Constitution Besieged written by Howard Gillman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
"The Constitution Besieged offers a compelling reinterpretation of one of the most notorious periods in American constitutional history. In the decades following the Civil War, federal and state judges struck down as unconstitutional a great deal of innovative social and economic legislation. Scholars have traditionally viewed this as the work of a conservative judiciary more interested in promoting laissez-faire economics than in interpreting the Constitution. Howard Gillman challenges this scholarly orthodoxy by showing how these judges were in fact observing a long-standing constitutional prohibition against "class legislation."" "By reviewing unfamiliar state cases and legal commentary, and by providing fresh interpretations of familiar Supreme Court cases, Gillman uncovers a fascinating - and long forgotten - legal tradition. In this richly textured historical narrative, we see how American judges once worked to insure that legislative power be used only to promote the public good, and not to benefit certain classes or burden their market competitors. Beyond shedding new light on this jurisprudence, Gillman also links it to larger debates in the political system, debates traced to concerns about factional politics expressed by the country's founders and to the Jacksonian assault on special privileges. This tradition came under siege with the intensification of class conflict at the turn of the century, and Gillman carefully documents its demise. He details how industrialization undermined assumptions about the fairness of capitalist social relations, and how this led increasing numbers of people to question the requirement that the state remain neutral in matters of class conflict - thus leaving it to a stalwart judiciary to protect "a Constitution besieged."" "A major contribution to an understanding of this important period in the history of the Supreme Court, Gillman's work stands as a landmark in revisionist accounts of the "Lochner era." Gillman's study represents the kind of paradigm-shift that will undoubtedly affect a wide range of scholarly activity for some time to come. The broad scope of this work makes it essential reading for those interested in American political thought, the development of the American state, the relationship between law and social change, and contemporary debates about the original intent of the framers of the Constitution and the proper role of the judiciary in American politics."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
New Frontiers Of State Constitutional Law
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Author : James A. Gardner
language : en
Publisher: Oxford University Press
Release Date : 2010-12-14
New Frontiers Of State Constitutional Law written by James A. Gardner and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-14 with Law categories.
New Frontiers of State Constitutional Law: Dual Enforcement of Norms projects a new vision for state constitutional law through a collection of essays that reflect a shift in legal thinking about the relationship between national and subnational systems of constitutional law. This book shatters the old image of American federalism as creating distinct systems of constitutional law. Instead, it shows how national and state constitutions and constitutional law are permanently and intimately linked.
State Constitutional Law
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Author : Jeffrey Sutton
language : en
Publisher: West Academic Publishing
Release Date : 2022-11-24
State Constitutional Law written by Jeffrey Sutton and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-24 with categories.
In the fourth edition of State Constitutional Law: The Modern Experience, the authors present cases, articles, and other materials about our intensely democratic, ever evolving, and increasingly salient state charters of government. This edition contains two new chapters, one on Representation and Voting, and one on Local Governments. Ever since the U.S. Supreme Court decided in Rucho v. Common Cause (2019) that the Fourteenth Amendment does not apply to challenges to gerrymandered voting districts, the States have become the focus of reform efforts in this area and with respect to many other voting issues. In the short time since Rucho, the States have seen plenty of state court debates about the meaning of a wide variety of state constitutional guarantees, generating a rich set of decisions about these vexing issues. Much of American government turns on what should be national and what should be local. The local side of the equation includes not just state governments but cities, counties, and townships too. In America circa 2023, these truly local governments have become a third source of governmental innovation, a form of federalism within federalism, and a bountiful source of debates about the meaning of Home Rule guarantees in most state constitutions. The casebook starts by placing state constitutions in context--in the context of a federal system that leaves some powers exclusively with the States, delegates some powers exclusively to the Federal Government, and permits overlapping authority by both sovereigns in many areas. The resulting combination of state and federal charters--what should be called American Constitutional Law--presents fruitful opportunities for give and take, for exporting and importing constitutional insights between our different sovereigns. The casebook often addresses the point by explaining how the U.S. Constitution deals with an issue before discussing how the state constitutions handle an identical or similar issue. At other times, the casebook explains how the state constitutions contain provisions that have no parallel in the U.S. Constitution. A central theme of the book, explored in the context of a variety of constitutional guarantees, is that state constitutions provide a bountiful source of rights independent of the federal constitution--and a potential source of data before the U.S. Supreme Court decides to nationalize or denationalize a right under the U.S. Constitution. Considerable space also is devoted to the reasons why a state court might construe the liberty and property rights found in its state''s constitutions more or less broadly than comparable rights found in the U.S. Constitution. Among the reasons considered: differences in the text and history of the state and federal guarantees, the smaller scope of the state courts'' jurisdiction, state constitutional history, unique state traditions and customs, elections of state court judges (and the possibility that this makes them less likely to "lockstep" with their federal brothers and sisters), and disagreement with the U.S. Supreme Court''s interpretation of similar language, whether due to push back with respect a federal doctrine in a given area (say tiers of review) or push back with respect to a method of interpretation used by the federal court in a given area (say originalism or living constitutionalism). State constitutional law, like its federal counterpart, is not confined to individual rights. Structure matters too--often more so. The casebook explores the organization and structure of state and local governments, the methods of choosing state judges, the many executive-branch powers found in state constitutions but not in their federal counterpart, the plural election of many state executive officials, the ease with which the people may amend their state constitutions, and other topics, such as taxation, public finance and school funding. Bringing a lot of these topics together is a chapter on Administrative Law, where the comparison between federal and state law is striking. In many ways, the state courts have been the leaders in dealing with difficult issues related to the delegation of legislative powers (or not) and deference to administrative agencies (or not). A new chapter on Local Governments opens a fresh vista on divisions of powers with its focus on the meaning of the Home Rule guarantees found in most state constitutions. The casebook is not parochial. It looks at these issues through the lens of important state court decisions from nearly every one of our 50 States. In that sense, it is designed for a survey course, one that does not purport to cover any one State''s constitution in detail but that considers the kinds of provisions found in many state charters. That said, an invigorating exercise is to spend the first ten minutes of each class devoted to reports from individual students about potentially useful or exotic provisions found in the constitution of their home State or a State of interest. Like a traditional contracts, real property, or torts textbook, the casebook uses the most interesting state court decisions from around the country to illustrate the astonishing array of state constitutional issues at play in American Constitutional Law. It is difficult to overstate the growing significance of state constitutional law. Many of the ground-breaking constitutional debates of the day are being aired in the state courts under their own constitutions--often as a prelude to debates about whether to nationalize this or that right under the National Constitution. To use a recent example, it is doubtful that there would have been a national right to marriage equality in 2015, see Obergefell v. Hodges, without the establishment of a Massachusetts right to marry in 2003, see Goodridge v. Department of Public Health. The same is true in other areas of constitutional litigation, whether it is gerrymandering, right to bear arms, capital punishment, property, licensing, school funding, or free exercise claims. More recently, the U.S. Supreme Court''s 2022 decision to overrule Roe and Casey in Dobbs v. Jackson Women''s Health Organization placed a spotlight on the States when it comes to legislative or constitutional protections related to abortion. Before and after Dobbs, some States have sought to amend their constitutions to protect abortion rights, and others have responded with state court decisions in the area, some recognizing such rights under state due process and right to privacy provisions, others rejecting such claims. In these areas, and many more, the state courts often have been the first responders and the key innovators, invoking their own constitutions to address pressing individual rights and structural debates. The mission of the casebook is to introduce students to this increasingly significant body of American law and to prepare them to be fully equipped, as opposed to half equipped, to represent clients involved in constitutional cases of the twenty-first century.
The Oxford Handbook Of The U S Constitution
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Author : Mark Tushnet
language : en
Publisher: Oxford University Press
Release Date : 2015-07-31
The Oxford Handbook Of The U S Constitution written by Mark Tushnet and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-31 with Law categories.
The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.
Liberty Against Government
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Author : Edward Samuel Corwin
language : en
Publisher:
Release Date : 1948
Liberty Against Government written by Edward Samuel Corwin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1948 with Political Science categories.
51 Imperfect Solutions
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Author : Judge Jeffrey S. Sutton
language : en
Publisher: Oxford University Press
Release Date : 2018-05-07
51 Imperfect Solutions written by Judge Jeffrey S. Sutton and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-07 with categories.
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 Constitutional Law
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Author : Randy James Holland
language : en
Publisher: West Academic Publishing
Release Date : 2010
State Constitutional Law written by Randy James Holland and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Constitutional law categories.