The American State Constitutional Tradition

DOWNLOAD NOW »

Author: John J. Dinan

Publisher: N.A

ISBN: N.A

Category: History

Page: 430

View: 1077

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.

The American Constitutional Tradition

Colonial Charters, Covenants, and Revolutionary State Constitutions, 1578-1780

DOWNLOAD NOW »

Author: H. Lowell Brown

Publisher: Law, Culture, and the Humaniti

ISBN: 9781683930471

Category: History

Page: 280

View: 6748

Closer examination of foundational, revolutionary documents, and of the colonial legislation enacted on the basis of those foundational documents, reveals an American tradition of constitutionalism that the Revolutionaries were able to draw upon when fashioning their constitutions for the newly independent states and for the federal government.

American Sovereigns

The People and America's Constitutional Tradition Before the Civil War

DOWNLOAD NOW »

Author: Christian G. Fritz

Publisher: Cambridge University Press

ISBN: 9781139467179

Category: History

Page: N.A

View: 7197

American Sovereigns: The People and America's Constitutional Tradition Before the Civil War challenges traditional American constitutional history, theory and jurisprudence that sees today's constitutionalism as linked by an unbroken chain to the 1787 Federal constitutional convention. American Sovereigns examines the idea that after the American Revolution, a collectivity - the people - would rule as the sovereign. Heated political controversies within the states and at the national level over what it meant that the people were the sovereign and how that collective sovereign could express its will were not resolved in 1776, in 1787, or prior to the Civil War. The idea of the people as the sovereign both unified and divided Americans in thinking about government and the basis of the Union. Today's constitutionalism is not a natural inheritance, but the product of choices Americans made between shifting understandings about themselves as a collective sovereign.

Understanding State Constitutions

DOWNLOAD NOW »

Author: G. Alan Tarr

Publisher: Princeton University Press

ISBN: 0691188556

Category: Law

Page: N.A

View: 3984

For many Americans, the word "constitution" means just one thing: the national Constitution. According to a recent survey, almost half do not know that individual states also have constitutions. Scholars have also paid little attention to state constitutions, favoring the apparently more dynamic and significant federal scene. G. Alan Tarr seeks to change that in this landmark book. A leading authority on state legal issues, he combines history, law, and political science to present a thorough and long-needed account of the distinct and important role of state constitutions in American life. Tarr shows that state constitutional politics are dominated by three crucial issues with little salience at the national level: the distribution of power among groups and regions within states, the scope of state and local governmental authority, and the relation of the state to economic activity. He explains how state constitutions differ from the national Constitution in treating not only matters of high principle but also such mundane subjects as ski trails and motor vehicle revenues. He also explores why state constitutions, unlike their federal counterpart, have been so frequently amended and replaced. Tarr concludes that the United States not only has a system of dual constitutionalism but also has dual constitutional cultures. Powerfully argued and meticulously researched, the book fills an important gap in political and legal studies and finally gives state constitutions the scholarly attention they richly deserve.

The Foundations of the Modern Philippine State

Imperial Rule and the American Constitutional Tradition in the Philippine Islands, 1898–1935

DOWNLOAD NOW »

Author: Leia Castañeda Anastacio

Publisher: Cambridge University Press

ISBN: 1316790614

Category: History

Page: N.A

View: 1538

The US occupation of the Philippine Islands in 1898 began a foundational period of the modern Philippine state. With the adoption of the 1935 Philippine Constitution, the legal conventions for ultimate independence were in place. In this time, American officials and their Filipino elite collaborators established a representative, progressive, yet limited colonial government that would modernize the Philippine Islands through colonial democracy and developmental capitalism. Examining constitutional discourse in American and Philippine government records, academic literature, newspaper and personal accounts, The Foundations of the Modern Philippine State concludes that the promise of America's liberal empire was negated by the imperative of insulating American authority from Filipino political demands. Premised on Filipino incapacity, the colonial constitution weakened the safeguards that shielded liberty from power and unleashed liberalism's latent tyrannical potential in the name of civilization. This forged a constitutional despotism that haunts the Islands to this day.

Looking for Rights in All the Wrong Places

Why State Constitutions Contain America's Positive Rights

DOWNLOAD NOW »

Author: Emily Zackin

Publisher: Princeton University Press

ISBN: 1400846277

Category: Political Science

Page: 248

View: 324

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.

State Constitutional Politics

Governing by Amendment in the American States

DOWNLOAD NOW »

Author: John Dinan

Publisher: University of Chicago Press

ISBN: 022653295X

Category: Political Science

Page: 368

View: 5905

Since the US Constitution came into force in 1789, it has been amended just twenty-seven times, with ten of those amendments coming in the first two years following ratification. By contrast, state constitutions have been completely rewritten on a regular basis, and the current documents have been amended on average 150 times. This is because federal amendments are difficult, so politicians rarely focus on enacting them. Rather, they work to secure favorable congressional statutes or Supreme Court decisions. By contrast, the relative ease of state amendment processes makes them a realistic and regular vehicle for seeking change. With State Constitutional Politics, John Dinan looks at the various occasions in American history when state constitutional amendments have served as instruments of governance. Among other things, amendments have constrained state officials in the way they levy taxes and spend money; enacted policies unattainable through legislation on issues ranging from minimum wage to the regulation of marijuana; and updated understandings of rights, including religious liberty, equal protection, and the right to bear arms. In addition to comprehensively chronicling the ways amendments shape politics in the states, Dinan also assesses the consequences of undertaking changes in governance through amendments rather than legislation or litigation. For various reasons, including the greater stability and legitimacy of changes achieved through the amendment process, he argues that it might be a more desirable way of achieving change.

Colonial origins of the American Constitution

a documentary history

DOWNLOAD NOW »

Author: Donald S. Lutz

Publisher: Liberty Fund Inc.

ISBN: N.A

Category: History

Page: 396

View: 7065

This landmark collection of eighty documents created by the American colonists--and not English officials--is the genesis of American fundamental law and constitutionalism. Included are all documents attempting to unite the colonies, beginning with the New England Confederation of 1643.

A Revolution in Favor of Government

Origins of the U.S. Constitution and the Making of the American State

DOWNLOAD NOW »

Author: Max M. Edling

Publisher: Oxford University Press

ISBN: 9780199705856

Category: Political Science

Page: 352

View: 4166

What were the intentions of the Founders? Was the American constitution designed to protect individual rights? To limit the powers of government? To curb the excesses of democracy? Or to create a robust democratic nation-state? These questions echo through today's most heated legal and political debates. In this powerful new interpretation of America's origins, Max Edling argues that the Federalists were primarily concerned with building a government that could act vigorously in defense of American interests. The Constitution transferred the powers of war making and resource extraction from the states to the national government thereby creating a nation-state invested with all the important powers of Europe's eighteenth-century "fiscal-military states." A strong centralized government, however, challenged the American people's deeply ingrained distrust of unduly concentrated authority. To secure the Constitution's adoption the Federalists had to accommodate the formation of a powerful national government to the strong current of anti-statism in the American political tradition. They did so by designing a government that would be powerful in times of crisis, but which would make only limited demands on the citizenry and have a sharply restricted presence in society. The Constitution promised the American people the benefit of government without its costs. Taking advantage of a newly published letterpress edition of the constitutional debates, A Revolution in Favor of Government recovers a neglected strand of the Federalist argument, making a persuasive case for rethinking the formation of the federal American state.

Original Meanings

Politics and Ideas in the Making of the Constitution

DOWNLOAD NOW »

Author: Jack N. Rakove

Publisher: Vintage

ISBN: 0307434516

Category: Political Science

Page: 464

View: 2163

From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans. From the Trade Paperback edition.

Freedom's Law

The Moral Reading of the American Constitution

DOWNLOAD NOW »

Author: Ronald Dworkin

Publisher: N.A

ISBN: 9780198265573

Category: Constitutional law

Page: 427

View: 6094

Written by the world's best-known political and legal theorist, Freedom's Law: The Moral Reading of the American Constitution is a collection of essays that discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Professor Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments.He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His `moral reading therefore brings political morality into the heart of constitutional law. The various chapters of this book were originally published separately and are now drawn together to provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

The Law of American State Constitutions

DOWNLOAD NOW »

Author: Robert Williams

Publisher: Oxford University Press

ISBN: 0199711305

Category: Law

Page: 456

View: 491

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 Crisis of the Middle-Class Constitution

Why Economic Inequality Threatens Our Republic

DOWNLOAD NOW »

Author: Ganesh Sitaraman

Publisher: Knopf

ISBN: 0451493915

Category: Business & Economics

Page: 423

View: 7393

"Argues that America's strong and sizable middle class is actually embedded in the framework of the nation's government and its founding document and discusses the necessity of taking equality-establishing measures,"--NoveList.

The American Revolution, State Sovereignty, and the American Constitutional Settlement, 1765–1800

DOWNLOAD NOW »

Author: Aaron N. Coleman

Publisher: Lexington Books

ISBN: 1498500633

Category: History

Page: 294

View: 8684

This book examines the ideological, political, and constitutional contexts of the Founding era from the drafting of the Articles of Confederation to the ratification of the Constitution and the Federalist–Jeffersonian political conflict. The author highlights the constitutional and theoretical importance of state sovereignty during the Revolutionary period.

The Higher Law

Background of American Constitutional Law

DOWNLOAD NOW »

Author: Edward S. Corwin

Publisher: N.A

ISBN: 9781258046866

Category:

Page: 102

View: 2826

Edward S. Corwin connects the Western European experience to the American founding, providing a bold and accurate outline of the tradition behind the 'higher law' of the United States and places in historical context the political philosophy underlying the US Declaration of Independence and Constitution.

The Sympathetic State

Disaster Relief and the Origins of the American Welfare State

DOWNLOAD NOW »

Author: Michele Landis Dauber

Publisher: University of Chicago Press

ISBN: 0226923487

Category: History

Page: 353

View: 2266

Drawing on a variety of materials, including newspapers, legal briefs, political speeches, the art and literature of the time, and letters from thousands of ordinary Americans, Dauber shows that while this long history of government disaster relief has faded from our memory today, it was extremely well known to advocates for an expanded role for the national government in the 1930s, including the Social Security Act. Making this connection required framing the Great Depression as a disaster afflicting citizens though no fault of their own. Dauber argues that the disaster paradigm, though successful in defending the New Deal, would ultimately come back to haunt advocates for social welfare. By not making a more radical case for relief, proponents of the New Deal helped create the weak, uniquely American welfare state we have today - one torn between the desire to come to the aid of those suffering and the deeply rooted suspicion that those in need are responsible for their own deprivation.

Religion and the American Constitutional Experiment

DOWNLOAD NOW »

Author: Joel A. Nichols

Publisher: Oxford University Press

ISBN: 0190459425

Category: LAW

Page: 424

View: 8346

"This new edition of a classic textbook provides a comprehensive, interdisciplinary overview of the history, theology, and law of American religious liberty. The authors offer a balanced and accessible analysis of First Amendment cases and controversies, and compare them to both the original teachings of the American founders and current international norms of religious liberty"--

The American State Constitutional Tradition

DOWNLOAD NOW »

Author: John J. Dinan

Publisher: N.A

ISBN: N.A

Category: History

Page: 430

View: 9134

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.

American Republicanism

Roman Ideology in the United States Constitution

DOWNLOAD NOW »

Author: Mortimer N.S. Sellers

Publisher: Springer

ISBN: 1349133477

Category: History

Page: 349

View: 2353

This book examines what 'republicanism' meant to the Americans who drafted and ratified the United States Constitution, guaranteeing a 'republican form of government' to every state in the Union. M.N.S.Sellers compares the writings and speeches of the founders with the authors they read and imitated to identify the central tenets of American republicanism, and to demonstrate that American republican though directly reflected classical models, rather than a mediating tradition of English or continental political theory.

To run a constitution

the legitimacy of the administrative state

DOWNLOAD NOW »

Author: John Anthony Rohr

Publisher: N.A

ISBN: N.A

Category: Political Science

Page: 272

View: 8285