State Constitutional Law in 1938–39

1939 ◽  
Vol 33 (4) ◽  
pp. 615-633
Author(s):  
J. A. C. Grant
Keyword(s):  
Constitutional Law ◽  
New Economy ◽  
American System ◽  
The Past ◽  
The People ◽  
Take Back ◽  
The Right ◽  
Judicial Protection ◽  
State Constitutional Law ◽  
And Training

The years 1936–38 were remarkable for the vigorous manner in which the courts attempted to preserve “the American system” from the return of the guild. The right to engage in a normal trade or calling without passing too rigorous an examination as to one's capabilities and training, to charge such prices for services as one sees fit regardless of the wishes of a dominant majority of those engaged in a particular trade or calling, and to close when one wishes rather than when a “code authority” commands, were given judicial protection. The past year has witnessed a partial change of heart. Apparently, opponents of the new economy of control are about to be told to “go to the polls, not to the courts.” Even more remarkable has been the increasing tendency on the part of the legal profession, under an expanding doctrine of “inherent” powers, to take back from the legislature and from the people the right to control that profession. This tendency continued unabated during the past year. In most fields, the cases were merely typical of the normal run of decisions on state constitutional questions.

The Case for Repealing the Second Amendment? The Historical Barriers to Constitutional Change

2021 ◽  
Vol 51 (4) ◽  
pp. 595-607
Author(s):  
David T. Konig
Keyword(s):  
Constitutional Law ◽  
Theory And Practice ◽  
The Political ◽  
Constitutional Change ◽  
Second Amendment ◽  
The People ◽  
The Right ◽  
The U.S ◽  
Popular Constitutionalism

The controversy surrounding the Second Amendment—“the right of the people to keep and bear arms”—is, to a large extent, historical in nature, redolent of other matters in this country’s legal and constitutional past. But the historical analogies that might support the Amendment’s repeal do not permit easy conclusions. The issue demands that legal historians venture beyond familiar territory to confront unavoidable problems at the intersection of theory and practice and of constitutional law and popular constitutionalism. An interdisciplinary analysis of Lichtman’s Repeal the Second Amendment illuminates the political, legal, and constitutional dimensions—as well as the perils—of undertaking the arduous amending process permitted by Article V of the U.S. Constitution.

Walk in the history of the city and its environs

10.12737/6572 ◽  
2014 ◽  
Vol 8 (4) ◽  
pp. 20-33
Author(s):  
Наталья Гаршина ◽  
Natalya Garshina
Keyword(s):  
Excursion Theory ◽  
Transmission Of Knowledge ◽  
City Environment ◽  
The Past ◽  
Walking Tour ◽  
The People ◽  
The World ◽  
History Of ◽  
The Right ◽  
The City

Having a look at the tourist space as a cultural specialist, the author drew attention to the fact that the closest to the modern man is a city environment he contacts and sometimes encounters in everyday life and on holidays. And every time whether he wants it or not, it opens in a dif erent way. One way of getting to know the world has long been a walking tour. It’s not just a walk hand in hand with a pleasant man or hasty movement to the right place, but namely the tour, in which a knowledgeable person with a soulful voice will speak about the past and present of the city and its surroundings, as if it is about your life and the people close to you. Turning to the beginning of the twentieth century, the experience of scientists-excursion specialists we today can learn a lot to improve the process of building up a tour, and most importantly the transmission of knowledge about the world in which we live. Well-known names of the excursion theory founders to professionals are I. Grevs, N. Antsiferov, N. Geynike and others. They are given in the context of ref ection on the historical development of walking tours, which haven’t lost their value and attract both creators and consumers of tour services.

scholarly journals The Effects of Judical Bodies’ Interpretation Forms Of Legal Rules in Turkey on the Education Freedom in Universities

2018 ◽  
Vol 2 (1) ◽  
pp. 46
Author(s):  
Yavuz GÜLOGLU
Keyword(s):  
Constitutional Law ◽  
Political Power ◽  
Natural Extension ◽  
Freedom Of Conscience ◽  
Legal Rules ◽  
The People ◽  
Freedom Of Belief ◽  
Turkish Constitution ◽  
Administrative Jurisdiction ◽  
The Right

The freedom of conscience and belief can be defined as the freedom of people in what they wish to believe without the compulsion of political power and other people by means of laws and other means. The belief of religion that can be accepted as the natural extension of the freedom of conscience and belief is to be free in doing the requirements of the religion that the people believe in with its rituals. While it is not possible and effective to make restrictions in freedom of belief, today, there are some restrictions in some judical systems in freedom of worship. With the principle of secularism which is settled among the principles that the alteration of which are not even be proposed, there have been some different decisions about the administrative acts that cause the violation of belief and worship freedom in the implementation of the right of education which is secured with Constitutional Law in Turkish Constitution. In this study, the effects of the incompatible decisions of administrative jurisdiction about the implementations of the administration related to the education right of students at universities, which is secured by the Fundemental Law, on the freedom of education, especially for the last ten years, will be examined.

scholarly journals The Politics of Gun Control in the United States

2019 ◽  
pp. 46-59
Author(s):  
Vibeke Sofie Sandager Rønnedal
Keyword(s):  
United States ◽  
The United States ◽  
Gun Control ◽  
Past Century ◽  
The Past ◽  
Second Amendment ◽  
The People ◽  
American Society ◽  
The Right ◽  
Standing Army

The discussion of the right to keep and bear arms has been a growing issue in American society during the past two decades. This article examines the origin of the right and whether it is still relevant in contemporary American society. It is found that the Second Amendment was written for two main reasons: to protect the people of the frontier from wildlife and foreign as well as native enemies, and to ensure the citizen militia being armed and ready to fight for a country with a deep-rooted mistrust of a standing army and a strongly centralized government. As neither of these reasons have applied to American society for at least the past century, it is concluded that American society has changed immensely since the Second Amendment was ratified in 1791, and that the original purpose of the right to keep and bear arms thus has been outdated long ago.

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.

scholarly journals Amendment of State Constitutions

1907 ◽  
Vol 1 (2) ◽  
pp. 213-247 ◽  
Author(s):  
James Wilford Garner
Keyword(s):  
Political Development ◽  
Body Politic ◽  
The Body ◽  
Bill Of Rights ◽  
State Constitutions ◽  
The Past ◽  
The People ◽  
Form Of Government ◽  
Political Conservatism ◽  
The Right

The right of the people, acting within the bounds of the law and through organs constituted in conformity with the prescriptions of the existing constitution, to alter, amend, or abolish their form of government whenever they deem it necessary to their safety and happiness is, in effect, declared by practically every American bill of rights to be not only fundamental but inalienable and indefeasible. The phraseology differs in some of them but the substance is the same in all. Without such a right the mistakes and errors of the past could not be eliminated from the body politic nor the accumulated wisdom and experience of other States utilized. Without it, the fundamental maxim that constitutions grow instead of being made would be meaningless and political development impossible. An acute thinker has well observed that no constitution can expect to be permanent unless it guarantees progress as well as order. Political conservatism is a virtue too often trampled upon by statesmen, but it has its limits, and, in its exaggerated form, becomes a source of revolution. The amending power has been aptly compared to a safety valve which ought to be so adjusted as not to discharge its peculiar function with too great facility lest it become an escape pipe for party passion and political prejudice, nor with such difficulty that the force needed to induce action will explode the machine.

scholarly journals Passing the Baton to the Next Generation: A Few Problems That Need Solving

2019 ◽  
Vol 11 (1) ◽  
pp. 1-13 ◽  
Author(s):  
Cindy Lee
Keyword(s):  
Graduate Education ◽  
Personal Account ◽  
Sample Collection ◽  
The Past ◽  
The People ◽  
Oceanographic Research ◽  
Chemical Oceanography ◽  
Apparent Decrease ◽  
Beginning Students ◽  
And Training

This is a personal account of some of the people and factors that were important in my career in chemical oceanography. I also discuss two areas of oceanographic research and training that I think need more attention. The first is how the difficulty in getting appropriate samples hampers our ability to fully understand biogeochemical processes in the sea. I have worked on dissolved materials, suspended and sinking particles, and sediments in lakes, oceans, rivers, and aerosols. Sample collection problems affect all those areas, although to different degrees. Second, I discuss a few of the issues that I most worry about with regard to graduate education in oceanography, among them an apparent decrease over the past several decades in the ability of many beginning students to write clearly and think logically.

State Constitutional Law in 1937–38

1938 ◽  
Vol 32 (4) ◽  
pp. 670-693
Author(s):  
J. A. C. Grant
Keyword(s):  
Old Age ◽  
Constitutional Law ◽  
Constitutional Amendment ◽  
General Assembly ◽  
Sufficient Time ◽  
Popular Vote ◽  
The People ◽  
Strict Compliance ◽  
Actual Publication ◽  
State Constitutional Law

Constitutional Amendment. The Pennsylvania constitution provides: “Any amendment … may be proposed in [either house]; and if the same shall be agreed to by a majority of the members elected to each … the Secretary of the Commonwealth shall cause the same to be published three months before the next general election, in at least two newspapers in every county in which such newspapers shall be published; and if, in the General Assembly next afterwards chosen, such proposed amendment shall be agreed to … the Secretary of the Commonwealth shall cause the same again to be published in the manner aforesaid; and … submitted to the qualified electors. …” Herman Tausig, suing as a taxpayer, sought to prevent a popular vote on a number of proposed amendments undertaking, among other things, to repeal provisions thought to forbid the levying of graduated income and inheritance taxes and the appropriation of money for old age pensions. In holding that the action was not premature, the court stated: “The law of this state prohibits inquiry into the validity of the steps preliminary to the adoption of an amendment after it has received the approval of the people.” Reversing, or at least qualifying, certain earlier rulings discussed in the opinion, it demanded strict compliance with the procedure set out above, but ruled: “The framers did not intend the Secretary of the Commonwealth should be responsible for the actual publication; he has no means of accomplishing this. Nor will the submission of a proposed amendment be frustrated by the neglect or refusal of one or more newspapers to publish within the specified time. … All the section commands is that the secretary transmit the advertisements of the proposed amendment to the proper newspapers within sufficient time to enable them to be published … three months or more in advance of the election.”

The people push back: protests for affordable homes for all

Housing Shock ◽  
2020 ◽  
pp. 191-216
Author(s):  
Rory Hearne
Keyword(s):  
Affordable Housing ◽  
Public Land ◽  
Housing Crisis ◽  
Political Issue ◽  
Grassroots Groups ◽  
The People ◽  
Take Back ◽  
The Right ◽  
The City ◽  
Over Time

Housing has always been a deeply political issue given its centrality to people’s lives. However, how it is politicised and treated, and its prominence in political and public debate, has changed over time. Housing is now becoming a political battleground of the 21st century between big finance, government and citizens seeking affordable housing. This chapter details the new housing protests and movements in Ireland challenging evictions and rising homelessness, and the scandal of derelict properties and high rents, and are campaigning for the use of vacant public land for affordable homes for all and the inclusion of the right to housing in the Constitution and law. A housing movement has been increasingly active in Ireland since 2014, responding to growing homelessness, and rental and mortgage arrears crises. Activity initially involved a number of small grassroots groups working incrementally to develop strategies and tactics around how to tackle the housing crisis in Ireland. A larger housing social movement erupted sporadically in 2016 over plans to demolish and redevelop Apollo House, a former government office block, and then in a more sustained manner in 2018 with the Take Back the City and Raise the Roof campaigns.

Diminishing constitutional law: The first three decades of women’s exclusion adjudication in Israel

2020 ◽  
Author(s):  
Yofi Tirosh
Keyword(s):  
Constitutional Law ◽  
Ad Hoc ◽  
Legal Framework ◽  
Constitutional Rights ◽  
High Court ◽  
The Past ◽  
Sex Equality ◽  
Definition Of ◽  
The Right ◽  
Constitutional Adjudication

Abstract Balancing between sex equality and religious interests has been a challenge for Israel’s constitutional law from the state’s inception. In recent years, however, the expanding repertoire of practices known as women’s exclusion has brought forth this tension with new formulations, intensity, and public sensitivity. This article maps the three decades of Israel’s High Court of Justice (HCJ or “the Court”) adjudication on women’s exclusion. The modesty requirements and sex-based physical segregation that have become rampant in Israel require re-articulations of the scope and status of the right to equality, as well as other constitutional rights such as dignity and liberty. The thirty-year database compiled for the purpose of this article encompasses all women’s exclusion cases decided by the HCJ. The database was built based on an annotated definition of women’s exclusion cases as a legal field, developed and explained in this article. The database reveals what might be defined as diminishing constitutional adjudication. In the 1990s, the Court labored in elevating sex equality, developing a doctrinal structure that guards it against religion-based demands to legitimize exclusion norms. In contrast, in the past decade, the Court has almost completely refrained from reviewing cases on merit or writing reasoned opinions, adopting ad-hoc problem-solving approaches or taking dispute resolution approaches prompting the parties to find compromise, without delineating the legal framework that should guide the disputes.

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