... history state constitutions In 1875, Charles Francis Adams Jr., the scion of the illustrious Boston family, used the pages of the North American Review to reflect on radical Granger legislation that was gaining support throughout the western United...

... state religion monopoly of legitimate force societal constitutionalism state constitutions statehood global private actors private law-making common interest international constitutionalism A new word is rapidly gaining currency in legal–political discourse: constitutionalization. Unlike...

...This chapter presents the following documents: State Constitutions, 1776–1778; Isaac Backus appeal for religious freedom, 1773; Massachusetts' Constitution of 1780; Boston's support for the establishment, 1780; opposition for the establishment from Granville, Massachusetts, 1780; Benjamin Franklin...

... a concept of “polyphonic” judicial federalism, the chapter takes issue with several well-established principles of federal adjudication that counsel federal courts to avoid construing state constitutions. In fact, the chapter maintains, federal adjudication of state constitutional claims can in many...

... of federal regulatory standards. In both of these situations, the state constitution may constrain the ability of state agencies to administer programs in the way they desire, most commonly through a strict nondelegation doctrine purportedly rooted in the state constitutional separation of powers...

...This chapter addresses differences in how the U.S. Constitution and many individual state constitutions approach the state action requirement in enforcing constitutional rights. In contrast to the U.S. Constitution, which generally requires state action as a predicate to the adjudication...

... constitutional law. Dual Enforcement of Constitutional Norms. James A. Gardner & Jim Rossi. © Oxford University Press 2011. Published 2011 by Oxford University Press. 2 new frontiers of state constitutional law But increasingly the Court is understood to share the stage with a plurality of other voices...

... state constitutions, and laid the foundation for tax-supported public schools. The chapter argues that, overcoming internal fissures and local opposition, black Richmonders and their allies fundamentally transformed African American education from a marginalized institution into a state right...

... African American education as a state constitutional right of citizenship. common school movement State Street M E Church Branch E C citizenship Creoles of color Freedmen’s Bureau Northwestern Freedmen’s Aid Commission of Chicago St Louis Street School Swayne Maj Gen Wager white opposition...

... colonialism slavery social cohesion state constitutions Civil War Reconstruction Black politics industrialization Throughout the year of 1887, the privately run Constitutional Centennial Commission labored assiduously to stir up enthusiasm for the document’s one hundredth anniversary on September 17...

...This introductory chapter surveys the rise in importance of state constitutional law, the evolving recognition of state constitutions by scholars, lawyers, and judges, and the importance of the book at this point in time. The objectives of the book are outlined, and its methodology is explained...

...For Alaine, Sarah and Tyler preface and acknowledgments This book is the result of over 40 years that I have been interested in and studying state constitutions. I became interested in the field in the spring of 1967 before going to law school and while I was serving as a legislative aide...

...This chapter examines why state constitutions have been so widely criticized and consistently excluded from descriptions of America's constitutional tradition. It seems that the people who wrote the state constitutions failed to grasp the purpose and the nature of constitutional law...

...This chapter examines the campaigns to add labor rights to state constitutions. The quintessential arguments about America's exceptional liberalism and its uniquely negative-rights culture have focused on the labor movement, which Louis Hartz has argued was a participant in—rather than a rival...

...Darrell A.H. Miller, Prohibitions on Private Armies in Seven State Constitutions In: New Histories of Gun Rights and Regulation. Edited by: Joseph Blocher, Jacob D. Charles, and Darrell A.H. Miller, Oxford University Press. © Oxford University Press 2023...

... University of California v Bakke Goldberg J Soohoo C United Nations UN Special Rapporteur on Poverty American exceptionalism international rights laws United States’ Constitution state law state constitutions political climates The term “American exceptionalism” refers to the fact that the United...

... conditions being equal, a secular state is more likely to take shape in countries with a Christian religious background because their legal tradition has been deeply influenced by the concept of natural law. A good starting point for testing this argument is provided by the state constitutions: each...

...This chapter discusses changes in American law during the second half of the nineteenth century, covering organic law, state constitutions, and the West. The last half of the nineteenth century was crowded with events and evolutions, the most dramatic of which was the great Civil War. In many ways...

... to be a candidate, and who can vote; how often elections should take place; and how easy it is for the electorate to actually “vote the rascals out” should officeholders fail to be paragons of civic virtue. Focusing on America's fifty-one state constitutions, the chapter considers the fact that “We the People” play...

... failures in the first state constitutions, drafted following the issuing of the Declaration of Independence. Separation of powers, hitherto a secondary idea, came to the fore to demonstrate that too much power had been concentrated in the legislatures. The same idea that exposed the problem also pointed...