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Our Federal and State Constitutions: A Comprehensive Guide
Understanding the intricate relationship between our federal and state constitutions is crucial for any engaged citizen. This comprehensive guide delves into the core principles, key differences, and overlapping jurisdictions of these foundational legal documents. We'll explore how they shape our lives, guaranteeing rights and defining the powers of various levels of government. By the end, you'll have a clearer grasp of the framework that underpins the American legal system.
H2: The Foundation: The US Federal Constitution
The United States Constitution, ratified in 1788, serves as the supreme law of the land. Its core purpose is to establish a framework for a federal government, dividing powers between the legislative, executive, and judicial branches. This separation of powers, along with a system of checks and balances, prevents any single branch from becoming too dominant.
#### H3: Key Principles of the Federal Constitution
Popular Sovereignty: The government derives its power from the people.
Limited Government: The government's powers are defined and restricted by the Constitution.
Federalism: Power is shared between the federal government and state governments.
Separation of Powers: Governmental power is divided among three branches.
Checks and Balances: Each branch of government can limit the power of the others.
Judicial Review: The Supreme Court can declare laws unconstitutional.
#### H3: Amendments to the Federal Constitution
The Constitution's ability to adapt to changing societal needs is evidenced by its amendments. The Bill of Rights, comprising the first ten amendments, guarantees fundamental rights such as freedom of speech, religion, and assembly. Subsequent amendments have addressed issues like slavery, suffrage, and presidential term limits, showcasing the Constitution's enduring relevance.
H2: The State Constitutions: A Diverse Landscape
Each of the fifty states boasts its own constitution, outlining the structure and powers of its government. These documents are diverse, reflecting the unique histories, cultures, and priorities of each state. While they share some commonalities with the Federal Constitution, they also exhibit significant variations in their provisions.
#### H3: Similarities and Differences with the Federal Constitution
State constitutions often mirror the federal structure, featuring a separation of powers and a bill of rights. However, state constitutions are typically more detailed and expansive than the federal document. They frequently address specific state-level concerns, such as education, local government, and environmental protection, areas largely left to state discretion by the federal Constitution. Furthermore, state constitutions are generally easier to amend than the federal Constitution, allowing for more frequent adjustments to reflect evolving societal values.
#### H3: Examples of State-Specific Provisions
The variations between state constitutions are considerable. Some states may have unique provisions concerning citizen initiatives, recall elections, or specific rights not explicitly mentioned in the federal Constitution. For example, some states have stronger environmental protections or more extensive provisions for public education than others. These differences reflect the individual character and priorities of each state.
H2: The Interplay Between Federal and State Constitutions: Federalism in Action
The relationship between the federal and state constitutions is complex and dynamic, governed by the principle of federalism. The Supremacy Clause of the U.S. Constitution establishes federal law as the supreme law of the land, meaning that when federal and state laws conflict, federal law prevails. However, states retain considerable autonomy in areas not explicitly addressed by the federal Constitution.
#### H3: Concurrent Powers and Reserved Powers
Federal and state governments share certain concurrent powers, such as the power to tax and borrow money. However, the Tenth Amendment reserves certain powers to the states, those not specifically delegated to the federal government. This division of powers ensures a balance of authority, preventing the federal government from becoming overly powerful while allowing states to address their unique needs.
#### H3: Judicial Interpretation and the Evolution of Federalism
The interpretation of the Constitution, at both the federal and state levels, constantly shapes the relationship between the two. The Supreme Court plays a crucial role in resolving disputes between federal and state authorities, defining the boundaries of their respective powers. This ongoing judicial interpretation ensures that the balance of power between the federal and state governments adapts to changing circumstances.
H2: The Importance of Understanding Our Constitutions
A thorough understanding of both our federal and state constitutions is essential for informed citizenship. These documents are the bedrock of our legal system, defining our rights, responsibilities, and the structure of our government. By understanding their principles and the interplay between them, we can better engage in civic discourse, participate in the democratic process, and hold our elected officials accountable. This knowledge empowers us to be active and informed participants in shaping the future of our nation and our states.
Conclusion
The federal and state constitutions, while distinct, are inextricably linked, forming the foundation of our democratic system. Their combined influence shapes our lives in countless ways, guaranteeing our fundamental rights and defining the framework of governance at both the national and state levels. Understanding this intricate relationship is a cornerstone of responsible citizenship.
FAQs
1. Can a state law contradict a federal law? No, under the Supremacy Clause, federal law trumps conflicting state law.
2. How can I access the full text of my state's constitution? Your state's legislative website or state archives will typically provide access.
3. What is the process for amending the federal constitution? It requires a two-thirds vote in both houses of Congress and ratification by three-fourths of the states.
4. How often are state constitutions amended? This varies greatly by state, but generally more frequently than the federal constitution.
5. Are there any legal challenges to aspects of the US Constitution today? Yes, ongoing debates and legal challenges concerning issues like gun rights, abortion rights, and voting rights constantly test the interpretations and applications of constitutional provisions.
| our federal and state constitutions: The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the State, Territories, and Colonies Now Or Heretofore Forming the United States of America: Kentucky ; Massachusetts Francis Newton Thorpe, 1909 |
| our federal and state constitutions: Looking for Rights in All the Wrong Places Emily Zackin, 2013-04-21 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. |
| our federal and state constitutions: Our Federal and State Constitutions Alex J. Schmidt, 1993-06-01 |
| our federal and state constitutions: The Federalist Papers Alexander Hamilton, John Jay, James Madison, 2018-08-20 Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States. |
| our federal and state constitutions: Interpreting State Constitutions James A. Gardner, 2005 Interpreting State Constitutions examines and proposes a solution to a problem central to contemporary debates over the enforcement of civil liberties: how courts, government officials, and lawyers should go about interpreting the constitutions of the American states. With the Supreme Court's retreat from the aggressive protection of individual rights, state courts have begun to interpret state constitutions to provide broader protection of liberties. This development has reversed the polarity of constitutional politics, as liberals advocate unimpeded state power while conservatives lobby for state subordination to a constitutional law controlled centrally by the Supreme Court. James A. Gardner here lays out the first fully developed theory of subnational constitutional interpretation. He argues that states are integral components of a national system of overlapping and mutually checking authority and that the purpose of this system is to protect liberty and defend against federal domination. The resulting account provides valuable prescriptive advice to state courts, showing them how to fulfill their responsibilities to the federal system in a way that strengthens American constitutional discourse. |
| our federal and state constitutions: 51 Imperfect Solutions Judge Jeffrey S. Sutton, 2018-05-07 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. |
| our federal and state constitutions: The American State Constitutional Tradition John J. Dinan, 2006 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. |
| our federal and state constitutions: Understanding State Constitutions G. Alan Tarr, 2000-09-25 The distinctiveness of state constitutionalism -- Explaining state constitutional development -- Eighteenth-century state constitutionalism -- Nineteenth-century state constitutionalism -- Twentieth-century state constitutionalism -- State constitutional interpretation. |
| our federal and state constitutions: Our Federal Constitution, Our State Constitution Alex Schmidt, Steve Schmidt, 1999-04-01 This streamlined worktext aids in the study of both the federal constitution and your state constitution. The material is written in an easy-to-read and understand format designed for students of various ages and abilities. This worktext is being used by schools across country to meet the required study of constitutions and government. |
| our federal and state constitutions: The Law of the Federal and State Constitutions of the United States Frederic Jesup Stimson, 2004 Stimson, Frederick Jesup. The Law of the Federal and State Constitutions of the United States With a Chronological Study of Their Principles, a Chronological Table of English Social Legislation and A Comparative Digest of the Constitutions of the Forty-Six States. Boston: The Boston Book Company, 1908. xix, 386 pp. Reprint available July 2004 by The Lawbook Exchange, Ltd. LCCN 2003053950. ISBN 1-58477-369-3. Cloth. $95. * Stimson wrote this study in response to the rapid development of constitution law that took place around the turn of the century, which he attributes to the social impact of modern industrial capitalism. He notes that the enormous volume of cases regarding obligation of contract and commerce among the states indicates a general shift in the field from cases dealing with the federal constitution or individual state constitutions to cases involving several constitutions. This book was conceived as a guide to this new terrain. It continues to be an excellent comparative study of the federal and state constitutions. It is more that a series of comparisons, however. As its title suggests, Stimson includes a history of the provisions in each constitution and their origins. A Valuable piece of work...in the field of legal and constitutional investigation. Columbia Law Review 8:594 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 403. |
| our federal and state constitutions: State Constitutional Law Jennifer Friesen, 1999 |
| our federal and state constitutions: A Consolidation of the Constitution Acts 1867 to 1982 Canada, Canada. Department of Justice, 1983 Consolidated as of April 17, 1982. |
| our federal and state constitutions: Our Federal and State Constitutions Alex J. Schmidt, 1988 |
| our federal and state constitutions: Constitutions and the Commons Blake Hudson, 2014-03-26 Constitutions and the Commons looks at a critical but little examined issue of the degree to which the federal constitution of a nation contributes toward or limits the ability of the national government to manage its domestic natural resources. Furthermore it considers how far the constitution facilitates the binding of constituent states, provinces or subnational units to honor the conditions of international environmental treaties. While the main focus is on the US, there is also detailed coverage of other nations such as Australia, Brazil, India, and Russia. After introducing the role of constitutions in establishing the legal framework for environmental management in federal systems, the author presents a continuum of constitutionally driven natural resource management scenarios, from local to national, and then to global governance. These sections describe how subnational governance in federal systems may take on the characteristics of a commons – with all the attendant tragedies – in the absence of sufficient national constitutional authority. In turn, sufficient national constitutional authority over natural resources also allows these nations to more effectively engage in efforts to manage the global commons, as these nations would be unconstrained by subnational units of government during international negotiations. It is thus shown that national governments in federal systems are at the center of a constitutional 'nested governance commons,' with lower levels of government potentially acting as rational herders on the national commons and national governments potentially acting as rational herders on the global commons. National governments in federal systems are therefore crucial to establishing sustainable management of resources across scales. The book concludes by discussing how federal systems without sufficient national constitutional authority over resources may be strengthened by adopting the approach of federal constitutions that facilitate more robust national level inputs into natural resources management, facilitating national minimum standards as a form of Fail-safe Federalism that subnational governments may supplement with discretion to preserve important values of federalism. |
| our federal and state constitutions: The North Carolina State Constitution John V. Orth, Paul M. Newby, 2013-04-11 North Carolina's state constitution charts the evolution over two centuries of a modern representative democracy. In The North Carolina State Constitution, John V. Orth and Paul M. Newby provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of North 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 North Carolina's constitution. Co-authored by Paul M. Newby, a sitting justice of the North Carolina Supreme Court, the second edition includes significant constitutional amendments adopted since the date of the first edition. Almost every article was affected by the changes. Some were minor-such as the lengthening the term of magistrates-and some were more significant, such as spelling out the rights of victims of crimes. One was obviously major: granting the governor the power to veto legislation-making North Carolina's governor the last American governor to be given that power. In addition, the North Carolina Supreme Court has continued the seemingly never-ending process of constitutional interpretation. Some judicial decisions answered fairly routine questions about the powers of office, such as the governor's clemency power. Others were politically contentious, such as deciding the constitutional constraints on legislative redistricting. And one continues to have momentous consequences for public education, recognizing the state's constitutional duty to provide every school child in North Carolina with a sound, basic education. 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. |
| our federal and state constitutions: The Maryland State Constitution Dan Friedman, 2011 The Maryland State Constitution is the only comprehensive analysis of Maryland's constitution. Dan Friedman provides an outstanding historical account of the state's governing charter along with an in-depth, section-by-section analysis of the entire constitution, detailing the many signifigant changes that have been made since its initial drafting in 1867. In-depth commentary on the constitutional interpretation offers tremendous political and economic insight into each of the constitution's provisions. 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. |
| our federal and state constitutions: The Kentucky State Constitution Robert M. Ireland, 2013-01-10 The Kentucky State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of Kentucky'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, including a discussion of Kentucky's previous three constitutions. This treatment, along with a table of cases, index, and bibliographic essay, provides an unsurpassed reference guide for students, scholars, and practitioners of Kentucky's constitution. |
| our federal and state constitutions: The New York State Constitution Peter J. Galie, 2011 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. |
| our federal and state constitutions: The Constitution of the United States David P. Currie, 2000-04-15 A masterly introduction to the United States Constitution, this slim book leads the reader through a concise overview of the document's individual articles and amendments. With clear and accessible language, Currie then examines each of the three branches of the federal government and explains the relation between the federal and state governments. He analyzes those constitutional provisions that are designed to protect citizens from governmental interference, such as the due process and equal protection clauses and the confusing first amendment provisions respecting the separation of church and state, and includes discussions of judicial review and freedom of speech and of the press. A sympathetic yet critical guide, Currie's book enables students and laypersons to understand one of the cornerstones of the Western political tradition. The second edition, along with an updated chronology and bibliography, incorporates the Supreme Court decisions over the past decade that have affected constitutional interpretation. Superb . . . highly recommended for those seeking a reliable, understandable, and useful introduction to our constitution.—Appellate Practice Journal and Update |
| our federal and state constitutions: The New Jersey State Constitution Professor Robert F. Williams, 2012-06-01 The New Jersey State Constitution is a completely revised new edition that provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of New Jersey'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 Jersey's constitution. State constitutions perform different functions and contain different provisions from the more-familiar U.S. Constitution. The book first outlines the historical development of New Jersey's state constitution from 1776 to the present and explains the highlights of the process of state constitutional development, leading to the current New Jersey constitution. Next, each section of the current constitution is analyzed, including its origins, general intent and purpose, and important judicial interpretations illustrating the types of situations in which the section can come into play, including references to key academic analysis of each section. Careful explanation is provided, with illustrations from cases, of the complex and evolving relationship between rights guaranteed by the U.S. Constitution and rights guaranteed by the New Jersey constitution. In many instances, New Jersey's rights can be more protective than those included in the Federal Constitution. Finally, the book provides a thorough bibliographical essay reviewing the evolution of the New Jersey constitution. 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. |
| our federal and state constitutions: Georgia's Constitution and Government, 10th Edition J. Benjamin Taylor, Robert M. Howard, Richard N. Engstrom, 2024-09 By state law, graduates of public colleges and universities in Georgia must demonstrate proficiency with both the U.S. and Georgia constitutions. This widely used textbook helps students satisfy that requirement, either in courses or by examination. This brief and affordable study aid begins with a discussion of the ways that state and local governments, in providing services and allocating funds, affect our daily lives. Subsequent chapters are devoted to - the development of our federal system and the importance of constitutions in establishing authority, distributing power, and formalizing procedures - how the various state constitutions differ from each other, even as they all complement the U.S. Constitution - how constitutions in Georgia have been amended or replaced - Georgia’s governmental institutions at the state, county, and city levels - elections in Georgia, including the basic ground rules for holding primaries, general elections, and runoffs Key terms and concepts are covered throughout the book, as well as important court cases at the national and state level. In addition, helpful lists, diagrams, and tables summarize and compare such information as: - the structure of Georgia’s court system - the number of constitutions each of the fifty states has had, the number of times each state’s constitution has - been amended, and the length of each state’s current constitution - various procedures used by the states to amend their constitutions - Georgia’s ten constitutions, with highlights of their major changes or features - the number of amendments voted on in Georgia from 1984 to 2012 - the executive branch officials elected by the public across states - the constitutional boards and commissions in Georgia, with details on the methods by which members are chosen - the number and types of local governments in Georgia since 1952, including counties, municipalities, school districts, and special districts - the major federal cases in which Georgia has been a party, on issues of discrimination, representation, freedom of speech and the press, the accused or convicted of crimes, and the right to privacy - rights and liberties, and how constitutions guarantee and protect them |
| our federal and state constitutions: Who Decides? Jeffrey S. Sutton, 2021-10-29 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-- |
| our federal and state constitutions: The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States Benjamin Perley Poore, 1877 |
| our federal and state constitutions: The Federal and State Constitutions Francis Newton Thorpe, 1909 |
| our federal and state constitutions: Abortion Under State Constitutions Paul Benjamin Linton, 2008 Whether a state constitution protects a right to abortion is significant for two reasons: First, it may determine whether the State has the authority to enact and enforce laws regulating abortion (e.g., laws mandating informed consent or requiring parental notice or consent) within current federal constitutional limits. Second, and more important, it will determine whether the State would have the authority to enact and enforce laws prohibiting abortion, if the Supreme Court overrules Roe v. Wade and returns the issue of abortion to the States. Abortion under State Constitutions is the first, full-length treatment of the subject to appear in print. For each State, the author considers possible sources of a right to abortion in the state constitution (privacy, due process of law, equality of rights, equal protection, privileges and immunities, as well as other provisions); state court decisions interpreting those provisions; the relevant state constitutional history; pre-Roe prohibitions of abortion and their interpretation by state courts; post-Roe regulations of abortion; and what rights state law has conferred upon unborn children outside the context of abortion. Based upon the foregoing analysis, arranged topically within each State for ease of reference, the author concludes that thirteen state constitutions protect (or would be interpreted to protect) a state right to abortion that is independent of the right to abortion recognized in Roe v. Wade, while the supreme courts of the other thirty-seven States probably would not recognize a state right to abortion. Likely to become a standard reference work on the subject, Abortion under State Constitutions should be of interest not only to lawyers who litigate state abortion rights claims and judges who decide those cases, but to anyone on either side of the abortion debate who wants to have a better understanding of the status of abortion under state constitutions. After an admirably incisive outline of federal constitutional law on abortion, Linton clarifies the law of each State in its own individual chapter, greatly facilitating the work of legislators, litigators, and lay activists concerned primarily about the law of their own particular State.... Although the author states that his work is meant to be predictive of future state supreme court decisions, he bases his estimations on close analysis of legal doctrine, not on uncertain guesswork about the political considerations of future courts and possible judicial activism. Abortion under State Constitutions is sure to become the standard reference work for those concerned to resist (or to promote) a right to abortion founded on U.S. state constitutions.--Richard Stith, Professor of Law, Valparaiso University School of Law Paul Benjamin Linton is one of the most thoughtful, insightful, and thorough legal authorities writing about biomedical ethics and law. Among his past masterpieces are influential law review articles analyzing suicide, euthanasia, same-sex marriage, equal rights, state abortion regulations, and abortion decisions of the U.S. Supreme Court. Now, Linton examines how abortion regulations have fared and would fare under state constitutions. Abortion under State Constitutions is a convincing explanation of the growing importance of state constitutional jurisprudence in controlling the regulation of abortion. The book is an invaluable, timely resource for lawmakers, judges, legal scholars, students, and anyone else interested in the constitutional, legal policy, and social strategies concerning the regulation of elective abortion in America.--Lynn D. Wardle, Bruce C. Hafen Professor of Law, J. Reuben Clark Law School, Brigham Young University Scholars, advocates and activists involved in the abortion debate owe a debt of gratitude to Paul Linton for sharing his meticulous research. A comprehensive guide to the status of abortion under each state''s constitution, this book is a necessary tool for anyone seeking to predict the consequences of a United States Supreme Court decision overruling Roe v. Wade. As Mr. Linton carefully documents, abortion would remain legal in a minority of states due to state court decisions protecting the procedure under the respective state constitutions. The majority of states probably could enforce abortion prohibitions, but that would require new legislation in most of those states. Abortion under State Constitutions guides the reader through the differing law among the states. This book will be of particular value to state lawmakers seeking to craft sound public policy in this volatile area. Whether the objective is to protect a woman''s right to choose or an unborn child''s right to life, attentive readers will benefit from Mr. Linton''s expert analysis of the development of state law. His description of the relationship between various state laws and constitutions reflects his decades of experience in advancing and defending state laws in this area.... Regardless of readers'' political views, Abortion under State Constitutions promises to inform, intrigue, and inspire those who care about the issue of abortion.--Teresa S. Collett, Professor of Law, University of St. Thomas School of Law This is an important book for both sides.--Time Magazine Online |
| our federal and state constitutions: Constitutional Origins, Structure, and Change in Federal Countries International Association of Centers for Federal Studies, Forum of Federations, 2005 Providing examples of diverse forms of federalism, including new and mature, developed and developing, parliamentary and presidential, and common-law and civil law, the comparative studies in this volume analyse government in Australia, Belgium, Brazil, Canada, Germany, India, Mexico, Nigeria, Russia, South Africa, Switzerland, and the United States. Each chapter describes the provisions of a constitution, explains the political, social, and historical factors that influenced its creation, and explores its practical application, how it has changed, and future challenges, offering valuable ideas and lessons for federal constitution-making and reform.Contributors include Ignatius Ayua Akaayar (Nigeria), Raoul Blindenbacher (Switzerland), Dakas C.J. Dakas (Nigeria), Kris Deschouwer (Belgium), Juan Marcos Gutiérrez González (Mexico), John Kincaid (USA), Rainer Knopff (Canada), Jutta Kramer (Germany), Akhtar Majeed (India), Marat S. Salikov (Russia), Cheryl Saunders (Australia), Anthony M. Sayers (Canada), Nicolas Schmitt (Switzerland), Celina Sousa (Brazil), Nico Steytler (South Africa), and G. Alan Tarr (USA).The Frech edition is Forthcoming in the Fall 2005 as Les origines, structure, et changements constitutionnels dans les pays fédéraux |
| our federal and state constitutions: The Upside-Down Constitution Michael S. Greve, 2012-02-29 Over the course of the nation’s history, the Constitution has been turned upside-down, Michael Greve argues in this provocative book. The Constitution’s vision of a federalism in which local, state, and federal government compete to satisfy the preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion from the Constitution’s founding through today, dispelling much received wisdom along the way. The Upside-Down Constitution shows how federalism’s transformation was a response to states’ demands, not an imposition on them. From the nineteenth-century judicial elaboration of a competitive federal order, to the New Deal transformation, to the contemporary Supreme Court’s impoverished understanding of constitutional structure, and the “devolution” in vogue today, Greve describes a trend that will lead to more government and fiscal profligacy, not less. Taking aim at both the progressive heirs of the New Deal and the vocal originalists of our own time, The Upside-Down Constitution explains why the current fiscal crisis will soon compel a fundamental renegotiation of a new federalism grounded in constitutional principles. |
| our federal and state constitutions: Our Federal and State Constitutions Alex J. Schmidt, 1980 |
| our federal and state constitutions: The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the State, Territories, and Colonies Now Or Heretofore Forming the United States of America Francis Newton Thorpe, 1909 |
| our federal and state constitutions: The Constitution of the Commonwealth of Australia Nicholas Aroney, Peter Gerangelos, Sarah Murray, James Stellios, 2015-09-11 This book provides an engaging and distinctive treatment for anyone seeking to understand the significance and interpretation of the Constitution. |
| our federal and state constitutions: SOU-CCJ230 Introduction to the American Criminal Justice System Alison Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore Rutz-Burri, Shanell Sanchez, 2019 |
| our federal and state constitutions: The Constitution Act, 1982 Canada, 1996 |
| our federal and state constitutions: Alaska's Constitution Alaska Legislative Affairs Agency, 2013 |
| our federal and state constitutions: The Federal and State Constitutions Benjamin Perley Poore, 1877 |
| our federal and state constitutions: The Federal and State Constitutions Francis Newton Thorpe, 1909 |
| our federal and state constitutions: Our Federal and State Constitutions - Universal Edition Teacher Guide AJS Publications, 2016-02-01 Teacher Guide to Our Federal and State Constitutions - Spanish Edition. |
| our federal and state constitutions: The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States Benjamin Perley Poore, 1877 |
| our federal and state constitutions: The First American Constitutions Willi Paul Adams, 2001-12-11 For the last twenty years this book has been cited by every serious writer on early American constitutional development. Any constitutional history of the independent United States must begin with this comprehensive study. Professor Adams combines a European perspective and a thorough knowledge of the antecedents of 1787 to create an insightful analysis of the replacement by the revolutionary generation of one government by another by—they thought—'constitutional' means. Acting for 'the people' in 11 of the 13 rebelling states, various kinds of self-empowered committees, 'congresses,' or 'conventions' created new constitutions and a system in which the states dominated over the weaker Confederation government. This volume contains two new chapters: one demonstrating precedents in the state constitutions for the U.S. Constitution, and another chapter critically testing the 'republicanism over liberalism' thesis against political ideas and institutional arrangements that constitute the first state constitutions. The bibliography has been updated to include the rich body of work written during the last two decades, much of it indebted to this pioneering study. |
| our federal and state constitutions: The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States Benjamin Perley Poore, 2024-08-01 Reprint of the original, first published in 1877. |
| our federal and state constitutions: The Illinois State Constitution Ann Lousin, 2011 Since Illinois became a state in 1818, it has been a microcosm of the country at every stage of its development, from its status as a free state in antebellum America to a state rich in agriculture and industry whose goods and services now travel the world. Illinois' four state constitutions have reflected its changing values. Illinois is currently one of the few states that have adopted a new constitution since World War II. This 1970 constitution has become a model for countries in Central and Eastern Europe seeking examples of modern American constitutions. The Illinois State Constitution traces the history of the state's constitution from its statehood in 1818 to the adoption of the state's fourth constitution in 1970. Ann M. Lousin, who has been involved in Illinois constitutional development and government for over four decades, provides provision-by-provision commentary and analysis of the state's current constitution, covering the Preamble, the Bill of Rights, and the various articles and amendments, including a survey of case law under each provision. 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. |
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