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Amending and Revising State Constitutions

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0013
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the variety of mechanisms available to propose changes to state constitutions. Amendments or revisions of state constitutions can be accomplished through legislative proposal, ... More


Environmental Protection: Positive Constitutional Rights in the Late Twentieth Century

Emily Zackin

in Looking for Rights in All the Wrong Places: Why State Constitutions Contain America's Positive Rights

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155777
eISBN:
9781400846276
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155777.003.0007
Subject:
Political Science, Public Policy

This chapter examines the campaigns for constitutional rights to environmental protection. In the 1960s and 1970s, when Congress was passing landmark environmental regulations and an entire executive ... More


A Fresh Start: Veto Players, Win Sets, and Constitutional Moments

Iain McLean

in What's Wrong with the British Constitution?

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199546954
eISBN:
9780191720031
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546954.003.0003
Subject:
Political Science, Comparative Politics, UK Politics

Veto players and win sets in a pluralitarian democracy, compared to those in a proportional regime; and in a unitary compared to a federal regime. Duverger's Law. Constitutional moments in the United ... More


The Formation and Original Meaning of the Fourth Amendment, 1787–1791

William J. Cuddihy

in The Fourth Amendment: Origins and Original Meaning 602 - 1791

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195367195
eISBN:
9780199867448
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367195.003.0024
Subject:
Law, Legal History

This chapter discusses the development of the Fourth Amendment. Between 1787 and 1791, the interaction of political expediency and a centuries-old legacy against unreasonable search and seizure ... More


Laws and Conventions

N. W. Barber

in The Constitutional State

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199585014
eISBN:
9780191595318
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585014.003.0006
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

The previous chapter introduced the idea of constitutional conventions, discussing their nature and place within the constitution. It left at least one important feature of conventions unexplored: ... More


The Pre-federal State Constitutions: The Founding Decade

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0002
Subject:
Law, Constitutional and Administrative Law

Most of the American states adopted constitutions in the decade prior to the federal constitutional convention. There were two major “waves” of state constitution-making. The first wave was hasty, ... More


The Emergence of Constitutional Conventions1

Sonny Shiu-Hing Lo

in The Dynamics of Beijing-Hong Kong Relations: A Model for Taiwan?

Published in print:
2008
Published Online:
September 2011
ISBN:
9789622099081
eISBN:
9789882207547
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789622099081.003.0005
Subject:
History, Political History

The concept of conventions emerged from British scholars who wrote on the relationships between law and politics. Among these British scholars is Sir Ivor Jennings who distinguished conventions from ... More


Justiciability and Jurisdiction: Political Questions and the Scope of Judicial Review

T.R.S. Allan

in Constitutional Justice: A Liberal Theory of the Rule of Law

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199267880
eISBN:
9780191707728
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267880.003.0006
Subject:
Law, Constitutional and Administrative Law

Constitutional rights and freedoms, limiting the exercise of legislative and executive power, are unlikely to be of much practical value unless they can be judicially enforced. Although the ... More


Constitutional Convention: Practice and Principle

T. R. S. Allan

in The Sovereignty of Law: Freedom, Constitution and Common Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199685066
eISBN:
9780191765353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685066.003.0002
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

A lawyerly account of convention, explaining the nature and role of constitutional conventions, must be an interpretation of political practice. It cannot be merely a neutral description of ... More


Law, Convention, and Prerogative

T. R. S. Allan

in Law, Liberty, and Justice: The Legal Foundations of British Constitutionalism

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259916
eISBN:
9780191682025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259916.003.0010
Subject:
Law, Constitutional and Administrative Law

The royal prerogative remains an important legal source of governmental power in the modem constitution. In legal theory, ministers and judges are appointed under the prerogative. As inherent powers ... More


State Constitutional Amendment Processes and Practices

John Dinan

in State Constitutional Politics: Governing by Amendment in the American States

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226532783
eISBN:
9780226532950
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226532950.003.0002
Subject:
Political Science, American Politics

This chapter discusses the processes for amending state constitutions, the origin and evolution of these processes, and the varying use of these processes across the 50 states. All states provide for ... More


A Constitutional Convention

Hannah Rosen

in Terror in the Heart of Freedom: Citizenship, Sexual Violence, and the Meaning of Race in the Postemancipation South

Published in print:
2009
Published Online:
July 2014
ISBN:
9780807832028
eISBN:
9781469605715
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807888568_rosen.7
Subject:
History, African-American History

This chapter focuses on the momentous task put upon the shoulders of the delegates to Arkansas's constitutional convention who met in Little Rock in January 1868. They were to design a new state ... More


Danger of Grave Abuses: Attacks on the Legitimacy of Advisory Opinions

Mel A. Topf

in A Doubtful and Perilous Experiment: Advisory Opinions, State Constitutions, and Judicial Supremacy

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199756766
eISBN:
9780199918898
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756766.003.0002
Subject:
Law, Constitutional and Administrative Law

After the first appearance of an advisory opinion provision in 1780, nothing much happened until the Massachusetts constitutional convention of 1820, where Joseph Story was the first person in ... More


Constitutional Law, 1780s

John B. Nann and Morris L. Cohen

in The Yale Law School Guide to Research in American Legal History

Published in print:
2018
Published Online:
May 2019
ISBN:
9780300118537
eISBN:
9780300235685
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300118537.003.0005
Subject:
Law, Legal History

This chapter discusses sources for information about the United States and state constitutions; constitutional conventions, especially the Constitutional Convention of 1787; the ratification of the ... More


“We, the Quarreling People” and the Unfinished Constitution: Contentions of Antislavery Activists, Shaysites, and Antifederalists in the Dynamics of Constitutional Creation

Elizabeth Beaumont

in The Civic Constitution: Civic Visions and Struggles in the Path toward Constitutional Democracy

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199940066
eISBN:
9780199369782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199940066.003.0003
Subject:
Political Science, American Politics, Democratization

Chapter 3 reinterprets the eighteenth-century founding by focusing attention on the complex and dynamic interaction of elite and civic voices that shaped the drafting, ratification, and amendment of ... More


Integrating Europe: Informal Politics and Institutional Change

Jeffrey Stacey

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199584765
eISBN:
9780191723506
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584765.001.0001
Subject:
Political Science, Comparative Politics, European Union

In Integrating Europe: Informal Politics and Institutional Change the author explains why the European Union (EU) Member States actively surrender policy‐making power to supranational authorities in ... More


Legitimacy

Stanley Elkins and Eric McKitrick

in The Age of Federalism

Published in print:
1995
Published Online:
October 2011
ISBN:
9780195093810
eISBN:
9780199854127
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195093810.003.0002
Subject:
History, American History: early to 18th Century

This chapter discusses the ratification of the new Constitution of the United States and the role several people played during the process including the first President of the United States, George ... More


The Convention

William Howard Adams

in Gouverneur Morris: An Independent Life

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300099805
eISBN:
9780300127041
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300099805.003.0009
Subject:
History, American History: early to 18th Century

This chapter talks about the document which in retrospect became known as the Constitutional Convention. In January 1786, the Virginia assembly issued an invitation to a conference in Annapolis, ... More


Furtive Offenses and Robust Crimes

Pippa Holloway

in Living in Infamy: Felon Disfranchisement and the History of American Citizenship

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199976089
eISBN:
9780199349760
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199976089.003.0005
Subject:
History, American History: 19th Century, American History: 20th Century

The 1890s saw the generalization of infamy to all convicts, regardless of race. Most southern states disfranchised for all felonies. Mississippi's 1896 constitution, examined in the Ratliff v. Beale ... More


The Original Compromise: What the Constitution’s Framers Were Really Thinking

David Robertson

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199796298
eISBN:
9780199979707
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199796298.001.0001
Subject:
Political Science, American Politics

This new account of the framing of the Constitution emphasizes the fierce arguments, intricate political dynamics, and multiple compromises that produced it. James Madison and Alexander Hamilton, ... More


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