State Constitutional Law in 1945–46

1946 ◽  
Vol 40 (4) ◽  
pp. 703-728
Author(s):  
Jacobus Tenbroek ◽  
Howard Jay Graham

The end of the momentous year symbolized by the physical scientists' entrance into national politics and political scientists' introduction to nuclear physics finds state appellate courts focusing on problems of business and reconversion; professionally critical, if not apprehensive, of the course taken by their superior in Washington; dubious of the behavior of organized labor, yet divided upon both the desirability of judicial discipline and the proper means of administering it; maintaining their separate, often irreconcilable, views on regulation of business and agriculture; above all, enjoying, like their superiors and predecessors, the historic, self-imposed duty of fitting constitutional garments to institutional girth.How to constrict the swollen national waistline without risking grave internal pressures taxes ingenuity to the utmost. On the whole, a prudent realism still is evident in dealing with problems of price control. The restlessness and doubts noted last year, however, have persisted and find freer expression. Paradoxically, state enforcement of federal penalties is generally sustained, despite ancient but dissolving dogmas to the contrary; whereas coöperative state or municipal action designed to reinforce and supplement the Emergency Price Control Act has suffered serious reverses.


1930 ◽  
Vol 24 (3) ◽  
pp. 666-686 ◽  
Author(s):  
Oliver P. Field

State courts determine, in the absence of constitutional provision to the contrary, whether amendments to state constitutions have been proposed and adopted in the manner provided for these constitutions. Not every minor deviation from the course of action marked out in the constitution for its amendment is deemed sufficient to justify the court in declaring that the amendment has been “unconstitutionally adopted,” but whether these deviations are serious enough to warrant such a declaration is a question to be determined by the courts themselves. Statutes supplementing constitutional provisions on the subject of amendment are valid if not in conflict with the constitutional provisions themselves, and substantial compliance with these rules is also required by the courts. Sometimes the provisions regulating the subject of publication of proposed amendments are constitutional; at other times they are statutory. In either case, publication in the manner provided for, and for the period of time provided for, is necessary to the validity of the amendment. Publication for two weeks, when the period should have been four weeks, was deemed sufficient by the Nebraska court to invalidate the amendment involved.







1933 ◽  
Vol 27 (4) ◽  
pp. 577-596
Author(s):  
Charles G. Haines

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.



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