The Conservation Constitution
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| Author | : Kimberly K. Smith |
| Publisher | : University Press of Kansas |
| Total Pages | : 341 |
| Release | : 2019-10-25 |
| Genre | : Law |
| ISBN | : 0700628444 |
Over the course of the twentieth century, the United States emerged as a global leader in conservation policy—negotiating the first international conservation treaties, pioneering the idea of the national park, and leading the world in creating a modern environmental regulatory regime. And yet, this is a country famously committed to the ideals of limited government, decentralization, and strong protection of property rights. How these contradictory values have been reconciled, not always successfully, is what Kimberly K. Smith sets out to explain in The Conservation Constitution—a book that brings to light the roots of contemporary constitutional conflict over environmental policy. In the mid-nineteenth century, most Progressive Era conservation policies would have been considered unconstitutional. Smith traces how, between 1870 and 1930, the conservation movement reshaped constitutional doctrine to its purpose—how, specifically, courts and lawyers worked to expand government authority to manage wildlife, forest and water resources, and pollution. Her work, which highlights a number of important Supreme Court decisions often overlooked in accounts of this period, brings the history of environmental management more fully into the story of the US Constitution. At the same time, illuminating the doctrinal innovation in the Progressives’ efforts, her book reveals the significance of constitutional history to an understanding of the government’s role in environmental management.
| Author | : Maya K. Van Rossum |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Environmental policy |
| ISBN | : 9781633310216 |
2017 INDIE BOOK OF THE YEAR AWARD FINALIST "A rallying cry . . . Everyone who is concerned about the welfare of all species, including human beings. Please read this important book." --Richard Louv, chairman emeritus of the Children & Nature Network and author of LAST CHILD IN THE WOODS and THE NATURE PRINCIPLE The Constitutional Change We Need to Protect Our Priceless Natural Resources For decades, activists have relied on federal and state legislation to fight for a cleaner environment. And for decades, they've been fighting a losing battle. The sad truth is, our laws are designed to accommodate pollution rather than prevent it. It's no wonder people feel powerless when it comes to preserving the quality of their water, air, public parks, and special natural spaces. But there is a solution, argues veteran environmentalist Maya K. van Rossum: bypass the laws and turn to the ultimate authority--our state and federal constitutions. In 2013, van Rossum and her team won a watershed legal victory that not only protected Pennsylvania communities from ruthless frackers but affirmed the constitutional right of people in the state to a clean and healthy environment. Following this victory, van Rossum inaugurated the Green Amendment movement, dedicated to empowering every American community to mobilize for constitutional change. Now, with The Green Amendment, van Rossum lays out an inspiring new agenda for environmental advocacy, one that will finally empower people, level the playing field, and provide real hope for communities everywhere. Readers will discover how legislative environmentalism has failed communities across America, the transformational difference environmental constitutionalism can make, the economic imperative of environmental constitutionalism, and how to take action in their communities. We all have the right to pure water, clean air, and a healthy environment. It's time to claim that right--for our own sake and that of future generations.
| Author | : James R. May |
| Publisher | : Cambridge University Press |
| Total Pages | : 427 |
| Release | : 2015 |
| Genre | : Business & Economics |
| ISBN | : 1107022258 |
Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
| Author | : Goodwin Liu |
| Publisher | : Oxford University Press |
| Total Pages | : 274 |
| Release | : 2010-08-05 |
| Genre | : Law |
| ISBN | : 0199752834 |
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.
| Author | : David S. Favre |
| Publisher | : Lupus Publications Limited |
| Total Pages | : 540 |
| Release | : 1991 |
| Genre | : Law |
| ISBN | : |
| Author | : Peter J. Galie |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 383 |
| Release | : 2011 |
| Genre | : History |
| ISBN | : 0199778973 |
The New York State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of New York's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of New York's constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
| Author | : National Research Council (U.S.). Committee on Agricultural Land Use and Wildlife Resources |
| Publisher | : National Academies |
| Total Pages | : 276 |
| Release | : 1970-01-01 |
| Genre | : Business & Economics |
| ISBN | : |
Historical perspective. Wildlife values in a Changing World. New patterns on land and water. Influence of land management on wildlife. Special problems of waters and watersheds. Pesticides and wildlife. Wildlife demage and control. Legislation and administration. Evaluation and Conclusions.
| Author | : David F. Forte |
| Publisher | : Simon and Schuster |
| Total Pages | : 644 |
| Release | : 2014-09-16 |
| Genre | : Political Science |
| ISBN | : 1621573524 |
A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation
| Author | : Peter J. Galie |
| Publisher | : State University of New York Press |
| Total Pages | : 342 |
| Release | : 2016-11-15 |
| Genre | : Political Science |
| ISBN | : 1438463340 |
On its face, New York State's constitution is an elaborate and impressive aggregation of processes, powers, mandates, and limits. But many of these are "inoperative," and New Yorkers who read the document and believe what it says will come away with a massive misunderstanding of the realities of state government. The essays in New York's Broken Constitution seek to clarify the realities by bringing attention to the gaps between what the constitution says and how the state is actually governed, and they provide a disquieting picture of the state of the state's constitution. Among the topics addressed are state debt and budgeting practices, legislative redistricting, local government, gambling, conservation, and the process of amending the constitution. Written by knowledgeable professionals, the chapters explain the constitutional provisions in question, including the reasons for their constitutional status; how they have been used and interpreted; and the extent of the gaps between the constitutional provisions and practice. Various proposals for reform are also examined.
| Author | : David R. Boyd |
| Publisher | : UBC Press |
| Total Pages | : 470 |
| Release | : 2011-11-29 |
| Genre | : Law |
| ISBN | : 0774821639 |
The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.
