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Created by the California Research Bureau at the request of Senator John L. Burton, this Web-site is a PDF document on early California laws and policies related to the Indians of the state and focuses on the years 1850-1861. Visitors are invited to explore such topics as loss of lands and cultures, the governors and the militia, reports on the Mendocino War, absence of legal rights, and vagrancy and punishment.
This is the first casebook dedicated to the California Constitution. It begins by introducing the history of the California Constitution and its relationship to the federal and other state constitutions, and then covers the California constitutional provisions that establish the design and structure of California's state and local governments, protect individual rights, and govern other areas like elections, public finance, and water rights. Designed to allow professors to select the topics to be covered in a three- to four-unit lecture course or discussion seminar, the book's narrative style combines essays and case excerpts that make the law easily accessible to students and introduce them to the important role that the California Constitution plays in developing California law.
Using the British Empire as a case study, this succinct study argues that the establishment of overseas settlements in America created a problem of constitutional organization. The failure to resolve the resulting tensions led to the thirteen continental colonies seceding from the empire in 1776. Challenging those historians who have assumed that the British had the law on their side during the debates that led to the American Revolution, this volume argues that the empire had long exhibited a high degree of constitutional multiplicity, with each colony having its own discrete constitution. Contending that these constitutions cannot be conflated with the metropolitan British constitution, it argues that British refusal to accept the legitimacy of colonial understandings of the sanctity of the many colonial constitutions and the imperial constitution was the critical element leading to the American Revolution.
Demonstrates the crucial role that the Constitution played in the coming of the Civil War.
A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.
The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.
Part One. The history of the California Constitution -- Part Two. The California Constitution and commentary -- Article I. Declaration of rights -- Article II. Voting, initiative, referendum, and recall -- Article III. State of California -- Article IV. Legislative -- Article V. Executive -- Article VI. Judicial -- Article VII. Public officers and employees -- Article VIII. [Repealed] -- Article IX. Education -- Article X. Water -- Article XA. Water resources development -- Article XB. Marine resources protection act of 1990 -- Article XI. Local government -- Article XII. Public utilities -- Article XIII. Taxation -- Article XIIIA. [Tax limitation] -- Article XIIIB. Government spending limitation -- Article XIIIC. [Voter approval for local tax levies] -- Article XIIID. [Assessment and property-related fee reform] -- Article XIV. Labor relations -- Article XV. Usury -- Article XVI. Public finance -- Article XVII. [Repealed] -- Article XVIII. Amending and revising the Constitution -- Article XIX. Motor vehicle revenues -- Article XIXA. Loans from the public transportation account or local transportation funds -- Article XIXB. Motor vehicle fuel sales tax revenues and transportation improvement funding -- Article XIXC. [Enforcement of certain provisions] -- Article XX. Miscellaneous sujects -- Article XXI. Redistricting of Senate, Assembly, Congressional, and board of equalization districts -- Article XXII. [Architectural and engineering services] -- [Articles XXIII throught XXVIII have either been repealed or renumbered; there are no Articles XXIX-XXXIII.] -- Article XXXIV. Public housing project law -- Article XXXV. Medical research