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 distincive 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 constitional reformers.

Whether federalism and subnational constitutions contribute to or undermine minority rights has long been a subject of controversy. Within the United States, the general view has been that federalism has been detrimental to minority rights. In contrast, other countries have seen federalism as crucial in safeguarding rights of ethnic and religious minorities. This volume provides the basis for a more nuanced assessment of the contributions of federalism and subnational constitutions to protecting minority rights by studying their impact in a variety of federal systems.

This work explores both mature federal systems (Switzerland, United States) systems in transition (Belgium, Bosnia, Herzegovina), both quasifederal (Italy, Spain) and well-established systems (Germany), both systems with considerable homogeneity of population (Austria) and systems with extraordinary diversity (India). It also analyses the various constitutional arrangements that federal systems have devised for safeguarding minority rights and given them a voice in political deliberations.

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.

The New Jersey State Constitution is a throughly revised new edition that provides an extensive historical account and constitutional analysis of the state's governing charter. In addition to an overview of New Jersey's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography is an essential resource for students, scholars, and practitioners of New Jersey's constitution. State constitutions perform different functions and contain different provisions from the more-familiar U.S. Constitution. The book first outlines the historical development of New Jersey's state constitution from 1776 to the present and explains the highlights of the process of state constitutional development, leading to the current New Jersey constitution. Next, each section of the current constitution is analyzed, including its origins, general intent and purpose, and important judicial interpretations illustrating the types of situations in which the section can come into play, including references to key academic analysis of each section. Careful explanation is provided, with illustrations from cases, of the complex and evolving relationship between rights guaranteed by the U.S. Constitution and rights guaranteed by the New Jersey constitution. In many instances, New Jersey's rights can be more protective than those included in the Federal Constitution. Finally, the book provides a thorough bibliographical essay reviewing the evolution of the New Jersey constitution.

2013 Reprint of 1962 Edition. Exact facsimile of the original edition, not reproduced with Optical Recognition Software. Contains two essays by Martin Luther King Jr. concerning the role of violence in the civil rights movement. During the height of the Civil Rights Movement, Robert Williams organized armed self-defense against the racist violence of the Ku Klux Klan. This is the story of his movement, first established in Monroe, N.C. As prologue, the issues raised by events in Monroe are weighted by Truman Nelson and Martin Luther King Jr. Illustrated.

In Two Volumes. This scarce antiquarian book is included in our special Legacy Reprint Series. In the interest of creating a more extensive selection of rare historical book reprints, we have chosen to reproduce this title even though it may possibly have occasional imperfections such as missing and blurred pages, missing text, poor pictures, markings, dark backgrounds and other reproduction issues beyond our control. Because this work is culturally important, we have made it available as a part of our commitment to protecting, preserving and promoting the world's literature.

In Two Volumes. This scarce antiquarian book is included in our special Legacy Reprint Series. In the interest of creating a more extensive selection of rare historical book reprints, we have chosen to reproduce this title even though it may possibly have occasional imperfections such as missing and blurred pages, missing text, poor pictures, markings, dark backgrounds and other reproduction issues beyond our control. Because this work is culturally important, we have made it available as a part of our commitment to protecting, preserving and promoting the world's literature.

Whether federalism and subnational constitutions contribute to or undermine minority rights has long been a subject of controversy. Within the United States, the general view has been that federalism has been detrimental to minority rights. In contrast, other countries have seen federalism as crucial in safeguarding rights of ethnic and religious minorities. This volume provides the basis for a more nuanced assessment of the contributions of federalism and subnational constitutions to protecting minority rights by studying their impact in a variety of federal systems. This work explores both mature federal systems (Switzerland, United States) systems in transition (Belgium, Bosnia, Herzegovina), both quasifederal (Italy, Spain) and well-established systems (Germany), both systems with considerable homogeneity of population (Austria) and systems with extraordinary diversity (India). It also analyses the various constitutional arrangements that federal systems have devised for safeguarding minority rights and given them a voice in political deliberations.

Comparative constitutionalism has always been an important field of study. It has gained new importance, and practical urgency with the advent of emerging democratic governments. As part of the study of comparative constitutionalism, federal constitutional systems have also taken on a renewed interest at the beginning of the 21st century. Russia and South Africa present fascinating examples of emerging federal systems in which sub-national constitutions are beginning to play an important role. Within the field of comparative federal constitutional law, though, the study of state or subnational constitutions is only just becoming a major focal point of world-wide interest. Sub-national constitutions have been, and generally remain, low-visibility constitutions. Studies of constitutional federalism have tended to be almost exclusively top-down looks at the national constitution and its federal features rather than a bottom-up look at the national constituions themselves. A system of constitutional federalism cannot be fully understood without analyzing the constitutional arrangements within the constituent units. The marketplace for the constitutional ideas generated in the laboratories of states within the federal systems is rapidly expanding worldwide. There are several dozen bona fide federal political systems in the world, as well as unitary political systems that include federal arrangements. There is a range of general questions to be asked about the constitutions of states within any federal system. The contributions to this volume, in addition to their intrinsic interest, should serve as a database for answering those questions and describing the extraordinary diversity within and among subnational constitutions in federal systems. Moreover, each of the contributions include the texts of a number of representative sub-national constitutions.