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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.
The second edition of The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Drawing on examples from specific states, Professors Williams and Friedman analyze the nature and function of state constitutions in contrast to the federal Constitution, including rights, separation of powers, issues of interpretation, and the processes for amendment and revision. In this edition, Williams and Friedman focus on recent developments, including the state constitutional dimensions of same-sex marriage and the reaction of state courts to U.S. Supreme Court decision making. This edition of The Law of American State Constitutions remains an important analytical tool that explains the unique character and the range of interpretive approaches to these constitutions. It covers the structure of state governments under state constitutions as well as the distribution of powers among the legislative, executive, and judicial branches. Like the first edition, this edition presents a complete picture of state constitutional law and the attributes and features that make this body of law so distinctive.
"This comparative study of state constitutions offers insightful overviews of the general and specific problems that have confronted America's constitution writers since the country's founding. Each chapter reflects the constitutional theory and history of a single state, encompassing each document's structure, content, and evolution"--Provided by publisher.
The eight essays in this volume imaginatively explore the interrelationship between law and society in nineteenth-century America and encompass in their discussion some of the major historical issues of the era.
Republishes articles by two senior legal historians. Besides summarizing what has now become classical literature in the field, it offers illuminating insight into what it means to be a professional legal historian.
The South was not always the South. In the eighteenth and early nineteenth centuries, those below the Potomac River, for all their cultural and economic similarities, did not hold a separate political identity. How this changed, and how the South came to be a political entity that coheres to this day, emerges clearly in this book—the first comprehensive account of the Civil War Era and late nineteenth century state constitutional conventions that forever transformed southern politics. From 1860 to the turn of the twentieth century, southerners in eleven states gathered forty-four times to revise their constitutions. Framing the Solid South traces the consolidation of the southern states through these conventions in three waves of development: Secession, Reconstruction, and Redemption. Secession conventions, Paul Herron finds, did much more than dissolve the Union; they acted in concert to raise armies, write law, elect delegates to write a Confederate Constitution, ratify that constitution, and rewrite state constitutions. During Reconstruction, the national government forced the southern states to write and rewrite constitutions to permit re-entry into the Union—recognizing federal supremacy, granting voting rights to African Americans, enshrining a right to public education, and opening the political system to broader participation. Black southerners were essential participants in democratizing the region and reconsidering the nature of federalism in light of the devastation brought by proponents of states’ rights and sovereignty. Many of the changes by the postwar conventions, Herron shows, were undermined if not outright abolished in the following period, as “Redeemers” enshrined a system of weak states, the rule of a white elite, and the suppression of black rights. Southern constitution makers in all three waves were connected to each other and to previous conventions unlike any others in American history. These connections affected the content of the fundamental law and political development in the region. Southern politics, to an unusual degree, has been a product of the process Herron traces. What his book tells us about these constitutional conventions and the documents they produced is key to understanding southern history and the South today.
Political historians recognize the colonial years and the American Revolution, the early national era and the 1787 Constitutional Convention, the nineteenth century and the American Civil War as the three most important eras in American history. Recreating the American Republic offers the first comparative historical analysis and synthesis of these.
A loyal partisan and highly principled public official whose career overlapped with those of many legends of Illinois politics-including Mayor Richard J. Daley, Governor James Thompson, and Illinois House Speaker Michael Madigan-Democrat Philip J. Rock served twenty-two years in the Illinois Senate. Fourteen of those years were spent as senate president, the longest tenure anyone has served in that position. This nuanced political biography, which draws on dozens of interviews conducted by Ed Wojcicki to present the longtime senate president's story in his own words, is also a rare insider's perspective on Illinois politics in the last three decades of the twentieth century. A native of Chicago's West Side, Rock became one of the most influential politicians in Illinois during the 1970s and 1980s. As a senator in the 1970s and senate president from 1979 to 1993, he sponsored historic legislation to assist abused and neglected children and victims of domestic violence, ushered the state through difficult income tax increases and economic development decisions, shepherded an unruly and fragmented Democratic senate caucus, and always was fair to his Republican counterparts. Covering in great detail a critical period in Illinois political history for the first time, Rock explains how making life better for others drove his decisions in office, while also espousing the seven principles he advocates for effective leadership and providing context for how he applied those principles to the legislative battles of the era. Unlike many Illinois politicians, Rock, a former seminarian, was known for having a greater interest in issues than in partisan politics. Considered a true statesman, he also was known as a skilled orator who could silence a busy floor of legislators with his commentary on important issues and as a devoted public servant who handled tens of thousands of bills and sponsored nearly five hundred of them himself. Nobody Calls Just to Say Hello, which takes its title from the volume of calls and visits to elected officials from constituents in need of help, perfectly captures Rock's profound reverence for the institutions of government, his respect for other government offices, and his reputation as a problem solver who, despite his ardent Democratic beliefs, disavowed political self-preservation to cross party lines and make government work for the people. Taking readers through his legislative successes, bipartisan efforts, and political defeats-including a heartbreaking loss in the U.S. Senate primary to Paul Simon in 1984-Rock passionately articulates his belief that government's primary role is to help people, offering an antidote to the current political climate with the simple legislative advice, "Just try to be fair, give everyone a chance, and everything else comes after that."