Artículos relacionados a Our State Constitutions (Classic Reprint)

Our State Constitutions (Classic Reprint) - Tapa blanda

Dealey, James Quayle

 
9781331462644: Our State Constitutions (Classic Reprint)

Sinopsis

This book comprehensively analyzes the evolution of state constitutions in the United States, delving into their historical development from the time of the American Revolution to the present day. The author traces the transformation of these constitutions from brief frameworks to complex legal documents, reflecting the increasing complexity of modern life and the growing demand for popular representation. The book sheds light on the role of constitutional conventions as the primary means of formulating fundamental law, highlighting their importance in safeguarding democratic principles and limiting the power of legislatures. By examining amendments, revisions, and bills of rights, the author provides valuable insights into how state constitutions have adapted to changing social and political conditions. This book serves as an essential resource for scholars, legal professionals, and anyone interested in the intricate relationship between state and federal power in the United States, offering a deeper understanding of the historical and legal foundations of American democracy.

"Sinopsis" puede pertenecer a otra edición de este libro.

Reseña del editor

Excerpt from Our State Constitutions

A comparison of these sets shows that the starting point for the study of state constitutions is the article on the lawmaking department. This powerful body in revolutionary days completely overshadowed the other two departments, and was practically the repository of the sovereign powers of the state. Though the theory of the separation of powers was held, all really important powers were in fact entrusted to the legislature. This is by no means the present condition. Not only have the other two depart ments been built up and strengthened at the expense of the assem bly, but three other departments of government have developed into importance, and should be considered in any discussion of the division of sovereign powers. If the government is that organiza tion through which all the sovereign powers of the state may be expressed, then surely in modern times we should speak not merely of the three historic departments of government, viz., the execu tive, the judicial, and the legislative, but also of the differentia tions from these, the administration, the electorate, and that nameless agency, which in every state has the legal right to formu late the fundamental law, an agency which, for want of a better name, may be called the Legal Sovereign. These six departments unitedly may exercise every conceivable power included within the term sovereignty.

About the Publisher

Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com

This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Reseña del editor

Excerpt from Our State Constitutions

Throughout classical and medieval philosophizing runs a theory of a paramount or fundamental law, permanent in kind, because fixed in nature. This theory in its modem form, after voicing itself for a time in the Cromwellian period, came to the front in the American Revolution, and found its proper expression in the written constitution. In our federal system, owing to the rigidity of the national constitution, the development of that document must be traced in the varying decisions of the supreme court of the United States. In the commonwealths a more flexible system of amendment prevails, and for that reason changes in what the states consider to be their fundamental law, may be traced more easily in the constitutions themselves, subject as they are to frequent revision and amendment.

In the revolutionary period these constitutions were few in number, small in size, and contained a mere framework of governmental organization. Since that time some two hundred state constitutions have been made or revised. The forty-five now in force average in length over fifteen thousand words, the longest, that of Louisiana, having about forty-five thousand. In place of fundamentals only, they are filled with details, so petty in many instances, as hardly worthy even to be dignified as statutory.

This tendency to enlargement is not without justification. The proper solution of problems arising from the complexity of modem interests, demands more wisdom and knowledge than is usually found in legislatures, which are often incompetent and sometimes venal. The democratic demand for legislation through convention, is really a demand for legislators of a high grade. To legislatures in consequence are left the mere details of legislation with a minimum of discretion in the formulation of statutes.

About the Publisher

Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com

This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

"Sobre este título" puede pertenecer a otra edición de este libro.