The Constitution of South Carolina: Church and state, morality and free expression

The Constitution of South Carolina: Church and state, morality and free expression
Author: James L. Underwood
Publisher: Univ of South Carolina Press
Total Pages: 460
Release: 1986
Genre: Law
ISBN: 9780872498334

In this volume Professor Underwood considers the constitutional doctrines that address the separation of church and state and the free exercise of religion. These doctrines are treated in historical and contemporary contexts extending from early colonial times to the most recent disputes over freedom of religion. The interaction of state and federal constitutional law is considered in detail. Underwood examines leading state and colonial cases and statutes and cites pivotal United States Supreme Court cases that have had an impact on South Carolina law. Among the issues discussed are Sunday Blue Laws, state financial contributions to religious groups, unorthodox forms of worship, and religion in the public schools. Many of the topics covered not only have deep historical roots but also are the subjects of contemporary public debate, legislation, and litigation. Issues such as prayer in the schools, itinerant evangelism, and physically dangerous forms of worship, such as those involving drug use, are constantly in the headlines. In a key chapter, the author explores the debate over the various patterns that the relationship between church and state authorities can take. In the final section, Professor Underwood examines free expression issues which have been closely related to church and state disputes. This portion focuses specifically on state obscenity laws, provisions regulating personal morality. The discussion begins with early nineteenth-century cases and statutes and ends with the most recent cases and statuatory amendments.

The South Carolina State Constitution

The South Carolina State Constitution
Author: Cole Blease Graham
Publisher:
Total Pages: 294
Release: 2011
Genre: Law
ISBN: 0199778302

South Carolina's current constitution is a unique reflection of America's cultural and political history. It has roots dating back to the state's original colonial charter, comprising an uneasy alliance of post-Civil War history, late 19th century return to segregation, and post-1960s liberalizing reforms. In The South Carolina State Constitution, Cole Blease Graham illustrates the success of positive political forces pitted against the social norms of a Deep South state. His informed analysis challenges advocates of constitutional reform to continue revision efforts, making this volume an important contribution to the study of state politics and the principles of democratic government. The South Carolina State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of South Carolina'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 South Carolina'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.

At Freedom's Door

At Freedom's Door
Author: James Lowell Underwood
Publisher: Univ of South Carolina Press
Total Pages: 312
Release: 2021-03-25
Genre: History
ISBN: 1643362356

A telling reevaluation of African American roles in government and law during Reconstruction At Freedom's Door rescues from obscurity the identities, images, and long-term contributions of black leaders who helped to rebuild and reform South Carolina after the Civil War. In seven essays, the contributors to the volume explore the role of African Americans in government and law during Reconstruction in the Palmetto State. Bringing into focus a legacy not fully recognized, the contributors collectively demonstrate the legal acumen displayed by prominent African Americans and the impact these individuals had on the enactment of substantial constitutional reforms—many of which, though abandoned after Reconstruction, would be resurrected in the twentieth century. James Lowell Underwood, in a reexamination of the Constitutional Convention of 1868, recounts the critical role African American delegates played in the drafting of the state's first truly democratic constitution. In a pair of essays, J. Clay Smith and Belinda Gergel offer much new biographical information about Joseph Jasper Wright, the first African American to serve on a state supreme court bench. They discuss Wright's jurisprudence, approach to judicial decision making, role in the Dual Government Controversy of 1876, and coerced resignation from the court. In essays that explore the role of African American attorneys in South Carolina, W. Lewis Burke considers an all-but-forgotten phase in the history of the University of South Carolina Law School—the education and graduation of Black students in the 1870s—and John Oldfield sheds light on a law school administered by and for African Americans in post-Reconstruction South Carolina. Michael Mounter tells the story of Richard T. Greener, the first African American graduate of harvard and the first African American professor at the University of South Carolina. The eminent Reconstruction historian Eric Foner opens and concludes the volume by placing in national perspective the lives of these African Americans and the events in which they participated.

Paths Out of Dixie

Paths Out of Dixie
Author: Robert Mickey
Publisher: Princeton University Press
Total Pages: 583
Release: 2015-02-22
Genre: Political Science
ISBN: 1400838789

The transformation of the American South--from authoritarian to democratic rule--is the most important political development since World War II. It has re-sorted voters into parties, remapped presidential elections, and helped polarize Congress. Most important, it is the final step in America's democratization. Paths Out of Dixie illuminates this sea change by analyzing the democratization experiences of Georgia, Mississippi, and South Carolina. Robert Mickey argues that Southern states, from the 1890s until the early 1970s, constituted pockets of authoritarian rule trapped within and sustained by a federal democracy. These enclaves--devoted to cheap agricultural labor and white supremacy--were established by conservative Democrats to protect their careers and clients. From the abolition of the whites-only Democratic primary in 1944 until the national party reforms of the early 1970s, enclaves were battered and destroyed by a series of democratization pressures from inside and outside their borders. Drawing on archival research, Mickey traces how Deep South rulers--dissimilar in their internal conflict and political institutions--varied in their responses to these challenges. Ultimately, enclaves differed in their degree of violence, incorporation of African Americans, and reconciliation of Democrats with the national party. These diverse paths generated political and economic legacies that continue to reverberate today. Focusing on enclave rulers, their governance challenges, and the monumental achievements of their adversaries, Paths Out of Dixie shows how the struggles of the recent past have reshaped the South and, in so doing, America's political development.

State Constitutions for the Twenty-first Century, Volumes 1, 2 & 3

State Constitutions for the Twenty-first Century, Volumes 1, 2 & 3
Author: G. Alan Tarr
Publisher: SUNY Press
Total Pages: 382
Release: 2007-06-01
Genre: Political Science
ISBN: 0791480550

State Constitutions for the Twenty-first Century, Volume 1 The Politics of State Constitutional Reform State Constitutions for the Twenty-first Century, Volume 2 Drafting State Constitutions, Revisions, and Amendments State Constitutions for the Twenty-first Century, Volume 3 The Agenda of State Constitutional Reform

Deadly Censorship

Deadly Censorship
Author: James Lowell Underwood
Publisher: Univ of South Carolina Press
Total Pages: 326
Release: 2013-12-15
Genre: History
ISBN: 1611173000

The definitive story of a South Carolina newspaper editor’s murder at the hands of a 1902 gubernatorial candidate, and the dramatic trial that ensued. On January 15, 1903, South Carolina lieutenant governor James H. Tillman shot and killed Narciso G. Gonzales, editor of South Carolina’s most powerful newspaper, the State. Blaming Gonzales’s stinging editorials for his loss of the 1902 gubernatorial race, Tillman shot Gonzales to avenge the defeat and redeem his “honor” and his reputation as a man who took bold, masculine action in the face of an insult. James Lowell Underwood investigates the epic murder trial of Tillman to test whether biting editorials were a legitimate exercise of freedom of the press or an abuse that justified killing when camouflaged as self-defense. This clash—between the revered values of respect for human life and freedom of expression on the one hand and deeply engrained ideas about honor on the other—took place amid legal maneuvering and political posturing worthy of a major motion picture. One of the most innovative elements of Deadly Censorship is Underwood’s examination of homicide as a deterrent to public censure. He asks the question, “Can a man get away with murdering a political opponent?” Deadly Censorship is courtroom drama and a true story. Underwood offers a painstaking re-creation of an act of violence in front of the State House, the subsequent trial, and Tillman’s acquittal, which sent shock waves across the United States. A specialist on constitutional law, Underwood has written the definitive examination of the court proceedings, the state’s complicated homicide laws, and the violent cult of personal honor that had undergirded South Carolina society since the colonial era. “Since the 1920s, the United States has had dozens of sensational trials—all of which have been labeled “the trial of the century.” There is no question had the trial of Lieutenant Governor James Tillman for the murder of N. G. Gonzales, the editor of the State newspaper, occurred in our time that it would have had the same appellation. . . . Riveting . . . as gripping as any contemporary courtroom drama.” —Walter Edgar, author of South Carolina: A History “An insightful and in-depth look at the assassination of Columbia newspaper editor N.G. Gonzales by South Carolina Lt. Gov. James H. Tillman in 1903. Jim Underwood’s carefully researched work not only reports on the killing and ensuing trial, it explains the forces that created a society where it was acceptable to kill a man to silence his pen.” —Jay Bender, Reid H. Montgomery Freedom of Information Chair, University of South Carolina “Finally, Jim Underwood has unraveled the killing, the murder trial, and the aftermath, and through his narrative tells a story of unfettered freedom of the press versus hot-bloodied Southern manhood honor. Without question, Deadly Censorship is a remarkable, eloquent, and important book.” —W. Lewis Burke, Director of Clinical Legal Studies, School of Law, University of South Carolina