The State of State Constitutional Law in the States of the United States: Are There Any Lessons for Australia?

1990 ◽  
Author(s):  
John D. Leshy
Keyword(s):  
United States ◽  
Constitutional Law ◽  
The United States ◽  
The State ◽  
State Constitutional Law

State Constitutional Law in 1932–33

1933 ◽  
Vol 27 (4) ◽  
pp. 577-596
Author(s):  
Charles G. Haines
Keyword(s):  
United States ◽  
Constitutional Law ◽  
The United States ◽  
Federal Courts ◽  
State Constitutions ◽  
State Constitutional Law ◽  
Unusual Stress ◽  
Emergency Measures

One of the best known members of the bench in the United States raised the query whether constitutional law was not becoming so textual and so formal in its applications that it was losing touch with the realities of life. For the operations of government to be “cabined and confined” under ordinary circumstances raises difficulties not readily surmounted; but in times of unusual stress, either constitutional limitations unduly restrict urgent and necessary action or they must be ignored to permit emergency measures. A resumé of the decisions of state and federal courts affecting state constitutions for the year 1932–33 indicates the tendency both toward undue formality in interpretation and toward the warping of the constitutional mold to sanction ways and means of dealing with extraordinary conditions. Law, like life, is a matter of growth, and, as Lord Bryce long since observed, under written constitutions ways of growth must be found either within or without the provisions of fundamental laws.

Necessities of State: Police, Sovereignty, and the Constitution

2008 ◽  
Vol 20 (1) ◽  
pp. 47-63 ◽  
Author(s):  
Christopher Tomlins
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Indigenous Peoples ◽  
Constitutional Law ◽  
The United States ◽  
The State ◽  
Nation State ◽  
Regulatory Law ◽  
Independent States ◽  
The Law

Over the last fifteen years, legal historians have been exploring conceptualizations of the state and state capacity as phenomena of police. In this essay, I offer a genealogy of police in nineteenth-century American constitutional law. I examine relationships among several distinct strands of development: domestic regulatory law, notably the commerce power; the law of indigenous peoples and immigrants; and the law of territorial acquisition. I show that in state and federal juridical discourse, police expresses unrestricted and undefined powers of governance rooted in a discourse of sovereign inheritance and state necessity, culminating in the increasingly pointed claim that as a nation-state the United States possesses limitless capacity “to do all acts and things which independent states may of right do.”

Exile within the United States

1965 ◽  
Vol 11 (1) ◽  
pp. 22-29
Author(s):  
Brent T. Lynch
Keyword(s):  
United States ◽  
Public Policy ◽  
Supreme Court ◽  
Constitutional Law ◽  
The United States ◽  
The State ◽  
Prison Inmates ◽  
Federal Constitution ◽  
The Supreme Court ◽  
Executive Agency

The Utah Board of Pardons, an executive agency, releases some Utah prison inmates by an order of "conditional termina tion," which directs the recipient to leave the state immediately and remain away permanently. The Supreme Court of Utah has recently held this order to be valid and constitutional, a ruling attacked by this article, which cites cases wherein rights guaranteed by the federal Constitution are violated. Public policy, sound penology, and constitutional law all militate against use of conditional termination.

State Constitutional Law in 1946–47

1947 ◽  
Vol 41 (4) ◽  
pp. 700-732
Author(s):  
Foster H. Sherwood
Keyword(s):  
United States ◽  
Civil War ◽  
Civil Rights ◽  
Constitutional Law ◽  
The United States ◽  
The Other ◽  
The Past ◽  
First Time ◽  
State Constitutional Law ◽  
Constitutional Revision

The oft-heard argument in behalf of federalism that the states furnish important laboratories for social and political experimentation is illustrated by a good many new constitutional provisions interpreted for the first time this year. Two states, Missouri and Georgia, adopted entirely new constitutions in 1945, important sections of which have come before the highest courts for interpretation. One of these, the Georgia constitution of 1945, provides specifically: “Legislative acts in violation of this constitution or the constitution of the United States, are void, and the judiciary shall so declare them.” Such a provision may very well raise more questions than it settles—for example, what effects can be accorded unconstitutional acts?; can the other agencies of government refuse to perform under statutes they consider unconstitutional?; can the judiciary declare acts of the governor and other officers unconstitutional?; etc. Such questions have not as yet been raised. But there is some evidence that we may be embarking on an era of constitutional revision similar to that which followed the Civil War. If so, the problems of constitutional law now being discussed may furnish a clue to the kind of new documents to be written. This year the emphasis has been on civil rights and methods of adjusting state finances to the rapidly fluctuating value of the dollar—problems which naturally arise out of the intense social and economic conflicts of the past decade.

National Courts and Human Rights—The Fujii Case

1951 ◽  
Vol 45 (1) ◽  
pp. 62-82 ◽  
Author(s):  
Quincy Wright
Keyword(s):  
United States ◽  
Human Rights ◽  
Constitutional Law ◽  
The United States ◽  
The State ◽  
District Court ◽  
State Legislation ◽  
Court Of Appeals ◽  
National Courts ◽  
United Nations Charter

In the case of Sei Fujii v. The State, the District Court of Appeals of California held that a State statute which prohibited aliens ineligible to citizenship from acquiring land within the State was “in direct conflict with the plain terms” of provisions concerning human rights in the United Nations Charter, a treaty binding upon the United States. Consequently, land granted to a Japanese in 1948 did not escheat to the State. The case involves important questions of United States constitutional law, of international law, and of legal policy.On the issue of constitutional law the opinion follows a long and unbroken tradition that if State legislation conflicts with obligations undertaken by the United States in a treaty, the legislation will not be applied by the courts. The terms of Article 6, paragraph 2, of the Constitution are unambiguous: … all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

Constitutional Law in 1929–30: The Constitutional Decisions of the Supreme Couet of the United States in the October Term, 1929

1931 ◽  
Vol 25 (1) ◽  
pp. 73-102
Author(s):  
Robert E. Cushman
Keyword(s):  
United States ◽  
Constitutional Law ◽  
The United States ◽  
The State ◽  
Interstate Commerce ◽  
Bill Of Lading ◽  
Local Taxation ◽  
The Supreme Court ◽  
Constitutional Decisions ◽  
Oil Company

The Supreme Court continues its century-long task of drawing the line that separates commerce which is interstate or foreign from that which is local. The realistic nature of the test which it uses is made clear in two cases decided during the present term. In Superior Oil Company v. Mississippi ex rel. Knox, the plaintiffs, by a cleverly devised arrangement of technicalities, sought to make it appear that they were selling gasolene in interstate commerce. They hoped thus to escape the payment of the tax of three, and later four, cents a gallon imposed by Mississippi law upon the sale of gasolene within the state. The device used was as follows: The plaintiffs sold oil and gasolene to fish packers in Mississippi and delivered it to them at their wharves. The packers loaded this onto their own boats and sent it to a point in Louisiana where they in turn delivered it to shrimp fishermen who used it in fishing. The fishermen brought back their catch and sold it to the packers and were charged for the oil and gasolene. In each case the oil company gave the packers a bill of lading stipulating that the gasolene remained the company's property until delivered to the consignee's agent at the point of destination. In other words, a Mississippi seller deliberately takes gasolene outside the state of Mississippi in order to deliver it to a Mississippi buyer in the expectation that the transaction will have the appearance of interstate commerce and escape local taxation as such.

The state of psychotherapy in the United States.

2008 ◽  
Vol 18 (1) ◽  
pp. 87-102 ◽  
Author(s):  
Heidi Hartston
Keyword(s):  
United States ◽  
The United States ◽  
The State

Is This the Care We Need?: An Examination of Childcare Policy in Pennsylvania

Commonwealth ◽  
2017 ◽  
Vol 19 (2) ◽  
Author(s):  
Jennie Sweet-Cushman ◽  
Ashley Harden
Keyword(s):  
United States ◽  
Child Care ◽  
Current System ◽  
The United States ◽  
The State ◽  
Federal State ◽  
Women And Politics ◽  
Richard Nixon ◽  
State And Local ◽  
Childcare Policy

For many families across Pennsylvania, child care is an ever-present concern. Since the 1970s, when Richard Nixon vetoed a national childcare program, child care has received little time in the policy spotlight. Instead, funding for child care in the United States now comes from a mixture of federal, state, and local programs that do not help all families. This article explores childcare options available to families in the state of Pennsylvania and highlights gaps in the current system. Specifically, we examine the state of child care available to families in the Commonwealth in terms of quality, accessibility, flexibility, and affordability. We also incorporate survey data from a nonrepresentative sample of registered Pennsylvania voters conducted by the Pennsylvania Center for Women and Politics. As these results support the need for improvements in the current childcare system, we discuss recommendations for the future.

Development of the Concepts for Providing Close Air Support

2020 ◽  
Vol 26 (1) ◽  
pp. 64-74
Author(s):  
Hristov Manush
Keyword(s):  
United States ◽  
Air Force ◽  
The United States ◽  
Second World War ◽  
The State ◽  
World War ◽  
Present Stage ◽  
Combat Experience ◽  
Second World

AbstractThe main objective of the study is to trace the perceptions of the task of an aviation component to provide direct aviation support to both ground and naval forces. Part of the study is devoted to tracing the combat experience gained during the assignment by the Bulgarian Air Force in the final combat operations against the Wehrmacht during the Second World War 1944-1945. The state of the conceptions at the present stage regarding the accomplishment of the task in conducting defensive and offensive battles and operations is also considered. Emphasis is also placed on the development of the perceptions of the task in the armies of the United States and Russia.

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