State Constitutional Law

State Constitutional Law
Author: Randy James Holland
Publisher: Ingram
Total Pages: 0
Release: 2015-12-11
Genre: Constitutional law
ISBN: 9781634596824

In this, the second edition of State Constitutional Law: The Modern Experience, the authors present cases, scholarly writings, and other materials about our ever-evolving, ever-more-relevant state charters of government. 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 might be called American Constitutional Law--presents fruitful opportunities for give and take, for exporting and importing constitutional tools and insights between and among the 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 and illustrates 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 rich source of rights independent of the federal constitution. Considerable space is devoted to the reasons why a state court might construe the liberty and property rights found in their constitutions, to use two prominent examples, more broadly than comparable rights found in the U.S. Constitution. Among the reasons considered are: differences in the text between the state and federal constitutional provisions, the smaller scope of the state courts'' jurisdiction, state constitutional history, unique state traditions and customs, and disagreement with the U.S. Supreme Court''s interpretation of similar language. State constitutional law, like its federal counterpart, is not confined to individual rights. The casebook also explores the organization and structure of state and local governments, the method of choosing state judges, the many executive-branch powers found in state constitutions but not in their federal counterpart, the ease with which most state constitutions can be amended, and other topics, such as taxation, public finance and school funding. 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. 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 the most salient 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. In other areas of constitutional litigation--gun rights, capital punishment, property rights, school funding, free exercise claims, to name but a few--state courts often are the key innovators as well, relying on their own constitutions to address individual rights and structural debates of the twenty-first century. The mission of the casebook is to introduce students to this increasingly significant body of American law and to prepare them to practice effectively in it.

Glannon Guide to Constitutional Law

Glannon Guide to Constitutional Law
Author: Brannon Denning
Publisher: Aspen Publishing
Total Pages: 445
Release: 2014-09-29
Genre: Law
ISBN: 1454858230

Glannon Guide to Constitutional Law: Individual Rights and Liberties is a concise, clear, and effective review of Individual Rights and Liberties topics in Constitutional Law that is organized around multiple-choice questions. Brief explanatory text about a topic is followed by one or two multiple-choice questions. After each question, the author explains how the correct choice was identified thereby helping the student to review course content and at the same time learn how to analyze exam questions. Following the proven Glannon Guide format, this concise paperback: Integrates multiple-choice questions into a full-fledged review of a Constitutional Law/Individual Rights and Liberties course. Prepares students with an initial discussion of law to learn effectively from subsequent questions in the text. Provides clear explanations of correct and incorrect answers that help to clarify nuances in the law. Presents sophisticated but fair multiple-choice questions that are neither too difficult nor unrealistically straightforward. Is valuable to all students regardless of whether they will be tested by multiple-choice or essay questions on their exams. Embodies a far more user-friendly and interactive approach than other exam preparation aids. Illustrates a sophisticated problem in the area under discussion with a more challenging final question in each chapter (the "Closer" ). Provide practice and helpful review of concepts in earlier chapters with "Closing Closer" questions in the last chapter. Intersperses valuable exam-taking pointers throughout the text.

Public Law in a Multi-Layered Constitution

Public Law in a Multi-Layered Constitution
Author: Nicholas Bamforth
Publisher: Bloomsbury Publishing
Total Pages: 446
Release: 2003-10-30
Genre: Law
ISBN: 184731323X

How is the distribution of power between the different levels of the contemporary constitution to be policed? What is the emerging contribution of the courts in regard to EC law,the Human Rights Act 1998 and devolution? What roles should be played by the legislative and judicial bodies at each level? Who should have access to the courts in public law disputes, and on what grounds should the courts regulate the exercise of public power? Can a coherent distinction be maintained between public and private law? These essays by leading public law scholars explore the allocation and regulation of public power in the United Kingdom. At the beginning of the twenty first century it appears that the traditional Diceyan model of a unitary constitution has been superseded as power has come to be distributed - particularly in the post-1997 period - between institutions at European, national, devolved and local level. Furthermore, the courts have come to play a powerful role at all levels through judicial review, while forms of regulation and contracting, together with other informal techniques of governance, have emerged. The contemporary constitution can be characterised as involving a multi-layered distribution of power - a situation which raises many key questions about the role of public law. The essays in this important collection tackle such questions from a variety of perspectives, aiming between them to provide a dynamic picture of the role of public law in the contemporary, multi-layered constitution.

Global Perspectives on Constitutional Law

Global Perspectives on Constitutional Law
Author: Vikram Amar
Publisher: Oxford University Press
Total Pages: 255
Release: 2009
Genre: Law
ISBN: 0195328116

The authors introduce students to the various ways that nations other than the United States resolve contemporary constitutional questions. Covering both structural issues and individual rights, each chapter presents foreign case materials on a particular topic, comparing U.S and other nations' laws.

The Shield of Achilles

The Shield of Achilles
Author: Philip Bobbitt
Publisher: Anchor
Total Pages: 962
Release: 2011-07-06
Genre: History
ISBN: 0307796906

"We are at a moment in world affairs when the essential ideas that govern statecraft must change. For five centuries it has taken the resources of a state to destroy another state . . . This is no longer true, owing to advances in international telecommunications, rapid computation, and weapons of mass destruction. The change in statecraft that will accompany these developments will be as profound as any that the State has thus far undergone." —from the Prologue The Shield of Achilles is a classic inquiry into the nature of the State, its origin in war, and its drive for peace and legitimacy. Philip Bobbitt, a professor of constitutional law and a historian of nuclear strategy, has served in the White House, the Senate, the State Department, and the National Security Council in both Democratic and Republican administrations, and here he brings his formidable experience and analytical gifts to bear on our changing world. Many have observed that the nation-state is dying, yet others have noted that the power of the State has never been greater. Bobbitt reconciles this paradox and introduces the idea of the market-state, which is already replacing its predecessor. Along the way he treats such themes as the Long War (which began in 1914 and ended in 1990). He explains the relation of violence to legitimacy, and the role of key individuals in fates that are partially—but only partially—determined. This book anticipates the coalitional war against terrorism and lays out alternative futures for the world. Bobbitt shows how nations might avoid the great power confrontations that have a potential for limitless destruction, and he traces the origin and evolution of the State to such wars and the peace conferences that forged their outcomes into law, from Augsburg to Westphalia to Utrecht to Vienna to Versailles. The author paints a powerful portrait of the ever-changing interrelatedness of our world, and he uses his expertise in law and strategy to discern the paths that statehood will follow in the coming years and decades. Timely and perceptive, The Shield of Achilles will change the way we think about the world.

Civil Procedure

Civil Procedure
Author: Richard L. Marcus
Publisher: West Academic Publishing
Total Pages: 1288
Release: 2000
Genre: Law
ISBN:

51 Imperfect Solutions

51 Imperfect Solutions
Author: Judge Jeffrey S. Sutton
Publisher: Oxford University Press
Total Pages: 297
Release: 2018-05-07
Genre: Law
ISBN: 0190866063

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.

Who Decides?

Who Decides?
Author: Jeffrey S. Sutton
Publisher: Oxford University Press
Total Pages: 497
Release: 2021-10-29
Genre: LAW
ISBN: 0197582184

"51 Imperfect Solutions told stories about specific state and federal individual constitutional rights, and explained two benefits of American federalism: how two sources of constitutional protection for liberty and property rights could be valuable to individual freedom and how the state courts could be useful laboratories of innovation when it comes to the development of national constitutional rights. This book tells the other half of the story. Instead of focusing on state constitutional individual rights, this book takes on state constitutional structure. Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? The goal of this book is to tell the structure side of the story and to identify the shifting balances of power revealed when one accounts for American constitutional law as opposed to just federal constitutional law. The book contains three main parts-on the judicial, executive, and legislative branches-as well as stand-alone chapters on home-rule issues raised by local governments and the benefits and burdens raised by the ease of amending state constitutions. A theme in the book is the increasingly stark divide between the ever-more democratic nature of state governments and the ever-less democratic nature of the federal government over time"--