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In The Ohio State Constitution, Steven Steinglass and Gino Scarselli provide a comprehensive and accessible resource on the history of constitutional development and law in Ohio. This essential volume begins with an introductory essay outlining the history of the Ohio State Constitution and includes a detailed section-by-section commentary, providing insight and analysis on the case law, politics and cultural changes that have shaped Ohio's governing document. A complete list of all proposed amendments to the Constitution from 1851 to the present and relevant cases are included in easy-to-reference tables along with a bibliographical essay that aids further research. 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.
In the second revised and expanded edition of this invaluable reader, Michael Les Benedict draws together the important documents that have shaped and been shaped by the American Constitution from medieval times through the present day. It includes not only the most important Supreme Court decisions, but also key American declarations, resolutions, laws, and platforms. All these documents represent, in a sense, the formal expression of the American people's ongoing contract with each other. The documents in the reader are organized into chapters corresponding to those in the third edition of The Blessings of Liberty: A Concise History of the Constitution of the United States. However, since they reflect the generally accepted canon of American constitutional history, they may supplement any textbook or other readings. The brief introductory headnotes provide information about the social, political, and intellectual context in which each document first appeared.
This book is an essential reference for anyone seeking to understand the legal structure of the state of Ohio and its governing documents. Featuring the full text of the state constitution and all relevant amendments, along with a comprehensive analysis of the constitutional framework and its historical context, this book is a valuable resource for lawyers, judges, and anyone interested in Ohio's legal system. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
The second edition of The Ohio State Constitution begins with a detailed summary and analysis of the history of the Ohio Constitution, including the pre-statehood Northwest Ordinance of 1787 (i.e., the Northwest Ordinance), the adoption of the 1802 Constitution, which resulted in Ohio's admission as the 17th state in the Union, and the adoption of the 1851 Constitution, Ohio's current constitution. In-depth attention is given to the 34 amendments that have their origins in the work of the Progressive-era 1912 Constitutional Convention, which proposed the initiative and referendum, and the home rule amendment. The historical commentary also covers the modern efforts to use commissions to revise the constitution, and the emergence of the new judicial federalism in Ohio. In Part Two, the book contains detailed commentaries on each of the 220+ sections of the constitution, and the commentary on each of the 19 Articles begins with an article-specific introductory essay.
Explore the controversial legal history of the formation of the United States Prestatehood Legal Materials is your one-stop guide to the history and development of law in the U.S. and the change from territory to statehood. Unprecedented in its coverage of territorial government, this book identifies a wide range of available resources from each state to reveal the underlying legal principles that helped form the United States. In this unique publication, a state expert compiles each chapter using his or her own style, culminating in a diverse sourcebook that is interesting as well as informative. In Prestatehood Legal Materials, you will find bibliographies, references, and discussion on a varied list of source materials, including: state codes drafted by Congress county, state, and national archives journals and digests state and federal reports, citations, surveys, and studies books, manuscripts, papers, speeches, and theses town and city records and documents Web sites to help your search for more information and more Prestatehood Legal Materials provides you with brief overviews of state histories from colonization to acceptance into the United States. In this book, you will see how foreign countries controlled the laws of these territories and how these states eventually broke away to govern themselves. The text also covers the legal issues with Native Americans, inter-state and the Mexico and Canadian borders, and the development of the executive, legislative, and judicial branches of state government. This guide focuses on materials that are readily available to historians, political scientists, legal scholars, and researchers. Resources that assist in locating not-so-easily accessible materials are also covered. Special sections focus on the legal resources of colonial New York City and Washington, DC—which is still technically in its prestatehood stage. Due to the enormity of this project, the editor of Prestatehood Legal Materials created a Web page where updates, corrections, additions and more will be posted.
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.
A reference source for contemporary/historical information about Ohio government. This work traces Ohio's political development and the political parties, describes the evolution of the state's constitution and incorporates political demographics as well as the cities and counties of Ohio.
Legal scholar Peter M. Shane confronts U.S. presidential entitlement and offers a more reasonable way of conceptualizing our constitutional presidency in the twenty-first century. In the eyes of modern-day presidentialists, the United States Constitution’s vesting of “executive power” means today what it meant in 1787. For them, what it meant in 1787 was the creation of a largely unilateral presidency, and in their view, a unilateral presidency still best serves our national interest. Democracy’s Chief Executive challenges each of these premises, while showing how their influence on constitutional interpretation for more than forty years has set the stage for a presidency ripe for authoritarianism. Democracy’s Chief Executive explains how dogmatic ideas about expansive executive authority can create within the government a psychology of presidential entitlement that threatens American democracy and the rule of law. Tracing today’s aggressive presidentialism to a steady consolidation of White House power aided primarily by right-wing lawyers and judges since 1981, Peter M. Shane argues that this is a dangerously authoritarian form of constitutional interpretation that is not even well supported by an originalist perspective. Offering instead a fresh approach to balancing presidential powers, Shane develops an interpretative model of adaptive constitutionalism, rooted in the values of deliberative democracy. Democracy’s Chief Executive demonstrates that justifying outcomes explicitly based on core democratic values is more, not less, constraining for judicial decision making—and presents a model that Americans across the political spectrum should embrace.