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The second edition of The Ohio State Constitution begins with a detailed summary and analysis of the history of the Ohio Constitution, including the pre-statehood Northwest Ordinance of 1787 (i.e., the Northwest Ordinance), the adoption of the 1802 Constitution, which resulted in Ohio's admission as the 17th state in the Union, and the adoption of the 1851 Constitution, Ohio's current constitution. In-depth attention is given to the 34 amendments that have their origins in the work of the Progressive-era 1912 Constitutional Convention, which proposed the initiative and referendum, and the home rule amendment. The historical commentary also covers the modern efforts to use commissions to revise the constitution, and the emergence of the new judicial federalism in Ohio. In Part Two, the book contains detailed commentaries on each of the 220+ sections of the constitution, and the commentary on each of the 19 Articles begins with an article-specific introductory essay.
How state constitutional reform guides and stabilizes American constitutional and political development State constitution reform guides and stabilizes American constitutional and political development. Using data sets and historical case studies, Robinson Woodward†‘Burns shows how the federal government has repeatedly deferred to state constitutional reform to manage or address difficult national constitutional controversies, including conflicts over the regulation of slavery, banking and taxation, women’s suffrage, labor and welfare rights, voting and civil rights, and gender discrimination.
Full text of Digital Copyright Act with legislative history, associated case law and other materials relevant to the subject.
Who are "The Legal Warriors" in this book? Some might think these are lawyers. But that is wrong. The real Legal Warriors in this book are the poor individuals and families who daily struggle to gain their rights. The real Legal Warriors are their community groups fighting for justice and improvements in society. These fighters include families struggling to save their homes from foreclosure. They are the neighborhood organizations combatting the industrial polluters who poison our water and air. They are the soldiers who skirmish to keep their gas and lights on. They are newcomers who come to our region to seek a "fresh start in life." These are only some of the legal warriors that I have been privileged to serve in my fifty years of legal work. To all of them I say thank you for sharing your battles with me. This book is dedicated to you. I pray and hope that the Good Lord blesses you and your communities with many well-deserved legal victories in all of your struggles.
"51 Imperfect Solutions told stories about specific state and federal individual constitutional rights, and explained two benefits of American federalism: how two sources of constitutional protection for liberty and property rights could be valuable to individual freedom and how the state courts could be useful laboratories of innovation when it comes to the development of national constitutional rights. This book tells the other half of the story. Instead of focusing on state constitutional individual rights, this book takes on state constitutional structure. Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides...
The American Civil War (1861-1865), was the most traumatic event in this countrys history. To win the war, the Northern states ceded enormous power to the federal government. However, the paradigm shift in federal-state relations occurred during the Reconstruction Era of 1863 to 1877. A New Birth of Freedom, by author W. Thomas Minahan, examines that paradigm shift that occurred in Ohio during this time. The beginning chapters explore Ohios early political, social, and legal history and how the state grew to become a social microcosm of the entire country by 1860. The later chapters examine the changes to the political, social, and legal climate in the country, and particularly in the Buckeye State, during the 1860s and 1870s. Offering a comprehensive discussion of the effects of the Civil War and reconstruction on the development of Ohio state law, A New Birth of Freedom provides both historical detail on the antecedents to the law as well as an analysis of how federal and state constitutions evolved through the turn of the nineteenth century. It discusses the central role Ohio and Ohioans played in securing the future of the United States.
In his widely acclaimed volume Our Undemocratic Constitution, Sanford Levinson boldly argued that our Constitution should not be treated with "sanctimonious reverence," but as a badly flawed document deserving revision. Now Levinson takes us deeper, asking what were the original assumptions underlying our institutions, and whether we accept those assumptions 225 years later. In Framed, Levinson challenges our belief that the most important features of our constitutions concern what rights they protect. Instead, he focuses on the fundamental procedures of governance such as congressional bicameralism; the selection of the President by the electoral college, or the dimensions of the President'...
Researching ballot measures can be one of the most daunting types of legal research. Exploring Initiative and Referendum Law: Selected State Research Guides offers legal researchers an easy-to-use guide that provides thorough overviews of I&R (initiative and referendum) laws within twenty-three states. This unique resource provides state-specific guidance about both forms of I&R law, those state laws permitting I&R, and those state laws enacted as a result of the I&R process. Any legal researcher beginning a project or needing to know just where to go for the right resources will get helpful general and specific information on practical research strategies and resources. Up to now, finding t...
Craig's study of McAdoo and Baker illuminates the aspirations and struggles of two prominent southern Democrats. In this dual biography, Douglas B. Craig examines the careers of two prominent American public figures, Newton Diehl Baker and William Gibbs McAdoo, whose lives spanned the era between the Civil War and World War II. Both Baker and McAdoo migrated from the South to northern industrial cities and took up professions that had nothing to do with staple-crop agriculture. Both eventually became cabinet officers in the presidential administration of another southerner with personal memories of defeat and Reconstruction: Woodrow Wilson. A Georgian who practiced law and led railroad tunne...
For more than 200 years no institution has been more important to the development of the American democratic polity than the state legislature, yet no political institution has been so neglected by historians. Although more lawmaking takes place in the state capitals than in Washington D.C., scholars have lavished their attention on Congress, producing only a handful of histories of state legislatures. Most of those histories have focused on discrete legislative acts rather than on legislative process, and all have slighted key aspects of the legislative environment: the parliamentary rules of play, the employees who make the game possible, the physical setting--the arena--in which the peopl...