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This third and final volume in a series devoted to state constitutions analyzes how these documents address major constitutional issues such as the protection of rights; voting and elections; constitutional change; the legislature; the executive; the judiciary; taxing, spending, and borrowing; local government; education; and the environment. Contributors identify the strengths and weaknesses of current state constitutions, highlight the major issues confronting the states, and assess various approaches for reform.
Nationally recognized experts analyze how states deal with major constitutional issues.
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
Identifies problems reformers face in drafting or amending state constitutions.
Nationally recognized experts analyze how states deal with major constitutional issues.
The first systematic analysis of the obstacles to state constitutional reform.
Through illuminating case studies of reform efforts in Alabama, California, Colorado, Florida, New York, and Virginia, this book—the first of three volumes—provides the first systematic analysis of the political obstacles to state constitutional reform. For those seeking constitutional reform, this useful resource can spell the difference between success and failure, and for those interested in state politics or constitutional politics, it offers rare insight into a distinctive aspect of American constitutionalism. Written by eminent scholars who were, in many cases, also active participants in the reform campaign, the essays provide practical experience, expert analysis, and lessons for future constitutional reformers.
At the beginning of the twenty-first century, breathtaking changes in technology are posing stark challenges to our constitutional values. From free speech to privacy, from liberty and personal autonomy to the right against self-incrimination, basic constitutional principles are under stress from technological advances unimaginable even a few decades ago, let alone during the founding era. In this provocative collection, America's leading scholars of technology, law, and ethics imagine how to translate and preserve constitutional and legal values at a time of dizzying technological change. Constitution 3.0 explores some of the most urgent constitutional questions of the near future. Will privacy become obsolete, for example, in a world where ubiquitous surveillance is becoming the norm? Imagine that Facebook and Google post live feeds from public and private surveillance cameras, allowing 24/7 tracking of any citizen in the world. How can we protect free speech now that Facebook and Google have more power than any king, president, or Supreme Court justice to decide who can speak and who can be heard? How will advanced brain-scan technology affect the constitutional right against self-incrimination? And on a more elemental level, should people have the right to manipulate their genes and design their own babies? Should we be allowed to patent new forms of life that seem virtually human? The constitutional challenges posed by technological progress are wide-ranging, with potential impacts on nearly every aspect of life in America and around the world. The authors include Jamie Boyle, Duke Law School; Eric Cohen and Robert George, Princeton University; Jack Goldsmith, Harvard Law School; Orin Kerr, George Washington University Law School; Lawrence Lessig, Harvard Law School; Stephen Morse, University of Pennsylvania Law School; John Robertson, University of Texas Law School; Christopher Slobogin, Vanderbilt Law School; O. Carter Snead, Notre
Toward a More Perfect Union is the last of a three-volume series examining the Constitution--as it was drafted and ratified, and the uses made of it over the past two hundred years. Each volume includes essays first presented at conferences on the Bicentennial of the Constitution held at Brigham Young University in 1985, 1986, and 1987, and several additional essays written especially for these anthologies.
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.