State Legislatures and Distrust

2021 ◽  
pp. 237-266
Author(s):  
Jeffrey S. Sutton
Keyword(s):  
State Legislatures ◽  
Single Subject ◽  
State Constitutions ◽  
Jacksonian Era ◽  
Public Purpose ◽  
The Us ◽  
Us Constitution ◽  
The Subject ◽  
Purpose Clauses ◽  
Stated Purpose

This chapter explains the myriad restrictions that state constitutions place on state legislatures—such as single-subject rules, clear-title, and public-purpose clauses—and the kinds of problems that prompted them. The clear-title rule requires the subject of each bill to be expressed plainly in its title. The single-subject requirement ensures that each bill enacted by the legislature contains just one subject. The original-purpose requirement requires a final bill to line up with the stated purpose of the original bill. These limitations grew naturally out of a preoccupation of the Jacksonian era, curbing special interests. The US Constitution does not place comparable restrictions on Congress.

Judicial Review

2021 ◽  
pp. 31-68
Author(s):  
Jeffrey S. Sutton
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
The State ◽  
State Courts ◽  
Court Case ◽  
State Laws ◽  
State Constitutions ◽  
The Us ◽  
Us Supreme Court ◽  
Us Constitution

The conventional account of judicial review starts with a US Supreme Court case, Marbury v. Madison. But judicial review in truth starts with the state courts and the state constitutions, not the US Supreme Court and the US Constitution. Before the US Constitution existed, the state courts established American judicial review and were the first courts to wrestle with the complexities of exercising it. Judicial review also is foremost a structural story, not an individual-rights story. The delegation of power to the judiciary to decide the meaning of our constitutions laid the groundwork for the growth in power of American courts—especially the federal courts, which have become the go-to answer for so many who-decides questions in American government over the last seventy-five years. This chapter begins a search for insights in resolving the dilemma of judicial review by looking at how the state courts innovated the concept and the ways they initially practiced it. It shows that the early state courts were deferential to the democratic branches of government. They rarely invalidated state laws and did so only when these laws violated a clear constitutional rule. That approach offers lessons for federal and state courts alike.

Radical Orthodoxy: Irish Covenanters and American Slavery, circa 1830–1865

2013 ◽  
Vol 82 (4) ◽  
pp. 812-847 ◽  
Author(s):  
Daniel Ritchie
Keyword(s):  
Reformed Theology ◽  
American Slavery ◽  
Antebellum America ◽  
Conservative Group ◽  
Chattel Slavery ◽  
The Us ◽  
Us Constitution ◽  
The Subject ◽  
Theologically Conservative ◽  
Insight Into

This article analyzes the views of Reformed Presbyterians (Covenanters) in relation to the subject of American slavery. Popular mythology, especially that propagated by the exponents of Neo-Confederacy, would have us believe that all those who criticized the system of chattel slavery that existed in antebellum America were either secularists or adherents to heterodox religious opinions. In order to debunk this myth, this article seeks to demonstrate the solid antislavery credentials of this theologically conservative group of Presbyterians by examining the writings of various Covenanters on chattel slavery. As this agitation against slavery took place in a context of significant internal strife between the Covenanters over the issue of the civil magistrate's power circa sacra, this paper will consider how the antislavery arguments of Thomas Houston and John Paul diverged in order to suit their respective positions on civil magistracy. Related to this is the Covenanters' critique of the US Constitution, which Reformed Presbyterians rejected owing to its proslavery sentiments. Hence this article provides us with an important insight into antislavery ideology and developments within Reformed theology in relation to the state during the nineteenth century. Finally, consideration will be given to understanding the complex response of the Reformed Presbyterians to the American Civil War and to debates between the Irish Covenanters and their American brethren on the proper reaction to the conflict.

Legal Considerations

2019 ◽  
pp. 263-280
Author(s):  
James D. Holt ◽  
Sudevi Navalkar Ghosh ◽  
Jennifer R. Black
Keyword(s):  
Public Health ◽  
Due Process ◽  
Primary Objective ◽  
Health Surveillance ◽  
Privacy Concerns ◽  
State Constitutions ◽  
The Us ◽  
Public Health Officials ◽  
Us Constitution ◽  
Legal Responsibilities

Epidemiologists are not expected to know every facet of public law. However, field epidemiology requires an appreciation of applicable legal authorities and general legal responsibilities of public health officials. Applicable legal authorities vary by jurisdiction. The general legal responsibilities will pertain to the range of public health activities, including public health surveillance; privacy of medical records; and privacy concerns related to collection, analysis, and dissemination of data. Epidemiologists need to understand the scope of the federal and state legal authorities that support their work in the field. The exercise of these often broad authorities is restrained by the liberty and due process protections provided by the US Constitution and state constitutions. The primary objective of this chapter is to provide basic information about laws and regulations that will or may affect the work of epidemiologists as they conduct investigations.

Critical perception by the leaders of the populist party of the US Constitution (turn of the 19th–20th centuries)

2021 ◽  
pp. 341-352
Author(s):  
Ivan V. Smirnov
Keyword(s):  
Founding Fathers ◽  
Domestic Literature ◽  
Corporate Capital ◽  
Basic Law ◽  
Democratic State ◽  
The Us ◽  
Us Constitution ◽  
The Subject ◽  
The Right ◽  
Populist Party

The subject of this research is the criticism by the populist party, which went down in history as one of the most radical farmers’ organizations in North America, of the text of the US Constitution, which for many generations of Americans has been considered the “holy book” of freedom as the standard of building a democratic state. The views of a number of party ideologists on the process of adoption and on the essence of the Basic Law of the American state are considered. This study is the first study in the domestic literature in which, on the basis of archival and published sources, it is shown the reasons for the negative perception by populists of the foundations of a federal structure, which, in their opinion, serves exclusively the interests of corporate capital, from which it is concluded that the US Constitution is not intended to protect human rights, but to reduce them to a minimum through a number of means designed by the “founding fathers” (creation of a strong federal government, indirect elections of senators and the president of the country, irreplaceability of Supreme Court judges, as well as the right to judicial review of laws for compliance with the Constitution, etc.). In the conclusion, the methods proposed by populist ideologues to correct the shortcomings and democratization of the US constitutional order are described in detail.

scholarly journals Moving Faster Than the Speed of Regulation: Can State-Authorized Sports Wagering Dodge a Game-Fixing Bullet Without the Help of the Feds?

2020 ◽  
Vol 30 (2) ◽  
pp. 85-105
Author(s):  
Anthony Cabot ◽  
Keith Miller
Keyword(s):  
Supreme Court ◽  
State Legislatures ◽  
Sports Betting ◽  
Us History ◽  
The Supreme Court ◽  
The Us ◽  
Us Constitution

The Professional and Amateur Sports Protection Act (PASPA), was a 1992 law that, as has been well-documented, effectively restricted sports betting to Nevada. PASPA accomplished this by dictating that states could not "sponsor, operate, advertise, promote, license, or authorize by law or compact," sports wagering. A separate provision forbade private parties from operating state-authorized sportsbooks. In 2018, the Supreme Court invalidated PASPA as a violation of the 10th Amendment to the US Constitution. The Court held that Congress did not have the constitutional authority to tell a state how to legislate and PASPA's provision that states could not authorize sports betting dictated to state legislatures what they were permitted to do and not do. The Court's ruling unleashed an explosion of pent-up energy for sports betting that had been building since PASPA became effective in 1993. Since that decision, several states have authorized sports betting in one of the most rapid expansions of a form of gambling in US history. Even more states are considering legislation that would permit sports betting, and the number of states legalizing and regulating sports betting will inevitably increase in 2020 and beyond. The controversy over sports betting has pivoted from whether states could legally offer sports betting, to whether they should legalize sports wagering, and if so, how they should go about regulating it.

Perfecting the Union

2021 ◽  
Author(s):  
Max M. Edling
Keyword(s):  
Federal Government ◽  
Central Government ◽  
The United States ◽  
State Constitutions ◽  
American States ◽  
The Us ◽  
History Of ◽  
Us Constitution ◽  
The One ◽  
And Control

Habitually interpreted as the fundamental law of the American republic, the US Constitution was in fact designed as an instrument of union between thirteen American republics and as a form of government for their common central government. It offered an organizational solution to the security concerns of the newly independent American states. Confederation was an established means for weak states to maintain their independence by joining in union to manage relations with the outside world from a position of strength. Confederation also transformed the immediate international environment by turning neighboring states from potential enemies into sister states in a common union or peace pact. The US Constitution profoundly altered the structure of the American union and made the federal government more effective than under the defunct Articles of Confederation. But it did not transform the fundamental purpose of the federal union, which remained the management of relations between the American states, on the one hand, and between the American states and foreign powers, on the other. As had been the case under the articles, the states regulated the social, economic, and civic life of their citizens and inhabitants with only limited supervision and control from the federal government. This book demonstrates that interpreting the Constitution as an instrument of union has important implications for the understanding of the American founding. The Constitution mattered much more to the international than to the domestic history of the United States. Its importance to the latter was dwarfed by that of state constitutions and legislation.

Conflicts of Law and Internet Jurisdiction in the US

2021 ◽  
pp. 289-330
Author(s):  
Julia Hörnle
Keyword(s):  
Due Process ◽  
Civil Litigation ◽  
Foreign Law ◽  
The Us ◽  
Forum Non Conveniens ◽  
Us Constitution ◽  
The Subject ◽  
Personal Jurisdiction

Chapter 9 focuses on conflicts of law and jurisdiction in internet cases before the US courts and contrasts the US approach with that found in EU states. It examines jurisdiction as emanating from the due process clause of the US Constitution and the relevant caselaw. It analyses jurisdictional due process and minimum contacts jurisprudence in general, the distinction between general and specific personal jurisdiction and the application of the jurisdictional principles to internet cases. It then continues by looking at specific doctrines and how they have evolved in respect of internet disputes, such as the effects doctrine, stream of commerce cases, and e-commerce contracts. The chapter analyses the doctrines tempering the assumption of jurisdiction and governing the interface with foreign law and, specifically forum non conveniens, comity, and reasonableness. Finally, it examines procedural jurisdiction in the context of adjudications and conflicts of law with regard to (civil litigation) evidence and draws conclusions from the subject matters examined.

PENERAPAN TEKNIK SELF MANAGEMENT TERHADAP KEPATUHAN BEROBAT PENDERITA HIV DI YOGYAKARTA

2017 ◽  
Vol 16 (1) ◽  
Author(s):  
Yuliati Hasanah
Keyword(s):  
Medication Adherence ◽  
Behavioral Approach ◽  
Self Management ◽  
Single Subject ◽  
Single Subject Design ◽  
Self Monitoring ◽  
Self Evaluation ◽  
Subject Design ◽  
Management Techniques ◽  
The Subject

Abstract Self management is a strategy in which the cognitive behavioral approach in the application, subject to the expected full attendance during the intervention process. NAP is an HIV patient and had undergone antiretroviral therapy. Saturation, fatigue experienced by NAP during the ARV therapy, so found some times subject medical leave provisions. Healthy behavior in a sick person (in this case a person suffering from HIV) one of which is adherent to treatment that must be endured. This research aims to gain result the applying of self management techniques against medication adherence of NAP patient with HIV in the Balai Rehabilitasi Sosial Pamardi PutraYogyakarta. This study focuses on the application of self-management techniques that include self-monitoring, self reinforcement and self evaluation of medication adherence that includes aspects of belief, accept and act on the subject. Researchers used quantitative approach by using the method of single subject design N = 1 model A-B-A now where the measurements and observations made in each phase. The subject in this study as many as one person with initials NAP. The purpose of this study is to look at the effect of applying the self management technique against NAP’s medication adherence. The results of this study indicate that the application of self-management techniques have a positive effect in improving NAP’s medication adherence with skor of 2SD smaller than skor of the mean phase difference A2 and A1. Stages through the application of this technique is extracting and determining value, set goals, formulate an action plan, the implementation of self-monitoring, self reinforcement and self evaluation. Based on the analysis of the results of the study concluded that the motivation, participation and discipline will determine the effectiveness of the intervention. Support of family members is also important to support the commitment of the subjects in this therapy.Keywords: behavior modification, HIV, medication adherence, self-management AbstrakManusia dapat memutuskan dan menentukan dirinya sendiri. Berdasarkan asumsi tersebut teknik self management merupakan salah satu teknik modifikasi perilaku yang memfokuskan pada regulasi diri. Self management merupakan salah satu strategi dalam pendekatan perilaku kognitif dimana dalam penerapannya, subjek diharapkan kehadiran penuh selama proses intervensi. NAP adalah seorang penderita HIV dan telah menjalani terapi ARV. Kejenuhan, kelelahan dialami NAP selama mengikuti terapi ARV, sehingga ditemukan beberapa kali subjek meninggalkan ketentuan-ketentuan medis. Perilaku sehat pada orang sakit (dalam kasus ini seseorang yang menderita HIV) salah satunya adalah patuh terhadap pengobatan yang harus dijalani. Penelitian ini bertujuan untuk memperoleh hasil dari penerapan teknik self management terhadap kepatuhan berobat subjek NAP sebagai penderita HIV di Balai Rehabilitasi Sosial Pamardi Putra Yogyakarta. Penelitian ini menitikberatkan pada penerapan teknik self management yang mencakup self monitoring, self reinforcement dan self evaluation terhadap kepatuhan berobat yang mencakup aspek mempercayai (belief), menerima (accept) dan tindakan (act) pada subjek. Peneliti menggunakan pendekatan kuantitatif dengan menggunakan metode single subject design N=1 dengan model A-B-A dinama pengukuran dan pengamatan dilakukan di setiap fase. Subjek dalam penelitian ini sebanyak satu orang dengan inisial NAP. Tujuan penelitian ini adalah untuk melihat pengaruh penerapan teknik self management terhadap kepatuhan berobat subjek NAP. Hasil penelitian ini menunjukkan bahwa penerapan teknik self management mempunyai pengaruh positif dalam meningkatkan kepatuhan berobat subjek NAP dengan nilai 2SD lebih kecil dari selisih mean fase A2 dan A1. Tahapan yang dilalui dalam penerapan teknik ini adalah penggalian dan penentuan value, menetapkan goals, merumuskan rencana tindakan, pelaksanaan self monitoring, self reinforcement dan self evaluation. Berdasarkan analisa hasil penelitian disimpulkan bahwa motivasi, peran serta dan kedisiplinan akan menentukan efektifitas intervensi. Dukungan anggota keluarga juga penting untuk mendukung komitmen subjek dalam terapi ini.Kata kunci:  HIV, kepatuhan berobat, modifikasi perilaku, self management

THE TRUMP ADMINISTRATION’S APPROACH TO ENERGY SECURITY IN POLAND AND THE BALTIC STATES

2020 ◽  
Vol 18 (1/2020) ◽  
pp. 33-67
Author(s):  
Olga Stevanovic
Keyword(s):  
Energy Security ◽  
Research Question ◽  
Energy Resources ◽  
Baltic States ◽  
Realist Theory ◽  
Main Research ◽  
Security Challenges ◽  
The Us ◽  
The Subject ◽  
The Baltic

The subject of this paper encompasses US policy towards Poland and the Baltic States regarding energy security during Donald Trump’s presidency. It is discernible that vast domestic energy resources have created an opportunity for the US to project more power to these countries, and the surrounding region. We argue that Trump and his administration’s perceptions have served as an intervening variable in that opportunity assessment, in accordance with the neoclassical realist theory. The main research question addressed in this paper is whether US has used that opportunity to contribute to energy security in countries it has traditionally deemed as allies. Two aspects of US approach to energy security of the designated countries are taken into consideration: liquified natural gas exports and support for the Three Seas Initiative. The way Trump presented his policy and its results in his public statements has also been considered in this paper. The article will proceed as follows. The first subsection of the paper represents a summary of energy security challenges in Poland and the Baltic States. The second subsection is dedicated to the opportunity for the US to project energy power and to Trump’s perceptions relevant for the opportunity assessment. The third subsection deals with American LNG exports to these countries as a possible way for contributing to energy security in Poland and the Baltic States. The last part of the paper addresses the Three Seas Initiative and US approach to this platform.

Scripturalizing and the Second Amendment

2018 ◽  
Author(s):  
Rosamond C. Rodman
Keyword(s):  
White Women ◽  
White Children ◽  
The Bible ◽  
Second Amendment ◽  
The Us ◽  
The Status ◽  
Us Constitution ◽  
Half Decade

Expanding beyond the text of the Bible, this chapter explores instead a piece of political scripture, namely the Second Amendment of the US Constitution. Over the last half-decade, the Second Amendment has come to enjoy the status of a kind of scripture-within-scripture. Vaulted to a much more prominent status than it had held in the first 150 years or so of its existence, and having undergone a remarkable shift in what most Americans think it means, the Second Amendment provides an opportunity to examine the linguistic, racial, and gendered modes by which these changes were effected, paying particular attention to the ways in which white children and white women were conscripted into the role of the masculine, frontier-defending US citizen.

Sign in / Sign up

Export Citation Format

Share Document