State Constitutional Law in 1939–1940

1940 ◽  
Vol 34 (4) ◽  
pp. 700-718
Author(s):  
Charles Aikin
Keyword(s):  
Due Process ◽  
The United States ◽  
Appellate Courts ◽  
State Legislation ◽  
State Constitutions ◽  
Liberal Attitude ◽  
Degree Of Restraint ◽  
State Appellate Courts ◽  
The Times ◽  
National Constitution

During the past year, the state appellate courts have reviewed state legislation with a degree of restraint more marked than in the preceding year. The present attitude of the courts toward the work of legislatures may be in part the result of a change in court personnel. It is also both possible and probable that judges have been impressed by the more tolerant or liberal attitude of the United States Supreme Court. Finally, a few of the judges may have become aware of the fact that the times demand the relinquishment of an assumed judicial “supremacy” and the examination of legislative and administrative action under specific constitutional provisions in the light of social and economic realities. At all events, judicial review in the grand manner has given way to a more vigorous application of technical constitutional requirements. Courts are tending to emphasize procedure rather than substance; review appears to be at once more tolerant and more precise; decisions turn on narrower grounds, premises are less sweeping. When applied to state constitutions, this tendency means something quite different from what it means when applied to the national constitution.This tendency may perhaps be regarded as charged with possible evil results for the courts. Although state constitutions are, in most cases, so detailed and diverse that no actual diminution of the courts' discretionary powers need result, and although to a successful litigant it makes little difference whether a statute is invalidated for want of due process or for want of a proper title or enacting clause, it is difficult to conceive of many things that will bring the courts more quickly into popular disrepute than an exaggeration of constitutional technicalities.

Part II Rights Guarantees under State Constitutions: the New Judicial Federalism, 6 Methodology in State Constitutional Rights Interpretation

2009 ◽  
Author(s):  
Williams Robert F
Keyword(s):  
United States ◽  
Due Process ◽  
The United States ◽  
State Court ◽  
Economic Regulation ◽  
Constitutional Rights ◽  
United States Supreme ◽  
State Constitutions ◽  
Federal Constitutional ◽  
14Th Amendment

This chapter discusses methodology problems arising in cases where similar federal and state constitutional rights claims are raised. Most federal constitutional rights have been incorporated into the federal Constitution's 14th Amendment so as to be applicable to the states. United States Supreme Court interpretations of federal constitutional rights are not binding on state court interpretation of identical or similar state constitutional rights, but state court divergence under these circumstances can raise questions about its legitimacy. A number of questions arise in this context, including for example the proper sequence of arguments, which constitution's rights guarantees should be argued first by counsel, and analyzed first by the state court. The most substantial methodology issue is whether state courts should develop criteria to guide them in deciding whether to interpret identical or similar state constitutional rights to be more protective than the federal analog. The criteria approach is analyzed in some depth, utilizing examples of the use of this methodology in a number of states. The chapter criticizes the use of the criteria approach based on a number of factors that make state court enforcement of state constitutional rights different from the United States Supreme Court's enforcement of the federal bill of rights. The United States Supreme Court's interpretation of federal constitutional rights guarantees is therefore not presumptively correct for the interpretation of state constitutions. The chapter also discusses briefly several other methodological problems, including the direct right of action for money damages under state constitutions, state action, and substantive due process and economic regulation.

Conclusion

2021 ◽  
pp. 134-150
Author(s):  
Max M. Edling
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
The United States ◽  
State Governments ◽  
State Legislation ◽  
State Constitutions ◽  
History Of ◽  
Political Modernization ◽  
Us Constitution

Interpreting the US Constitution as an instrument of federal union has important implications in terms of understanding of the American founding. The Constitution mattered much more to the international than to the domestic history of the United States. Its importance to the latter was dwarfed by the role of state constitutions and state legislation. The Constitution provided the institutional basis on which the nation would grow in territory, population, and riches in the nineteenth century. But if the federal government was active in foreign policy, so-called Indian diplomacy, and the management of the national domain, it played only a limited role in domestic developments. To understand the processes of economic and political modernization that characterized the United States in the nineteenth century, that is, the transition to a market economy and to liberal democracy, it is necessary to study the actions and inactions of the American state governments.

General Tendencies in State Constitutions

1907 ◽  
Vol 1 (2) ◽  
pp. 200-212
Author(s):  
James Quayle Dealey
Keyword(s):  
American Revolution ◽  
The United States ◽  
Governmental Organization ◽  
State Constitutions ◽  
Flexible System ◽  
The Supreme Court ◽  
Fundamental Law ◽  
National Constitution ◽  
Revolutionary Period ◽  
Modern Form

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 modern 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.

The Rain Calls of Frogs and the Reigning Paradigm of American Herpetology

2020 ◽  
pp. 1-35
Author(s):  
Gordon L. Miller
Keyword(s):  
Twentieth Century ◽  
Animal Communication ◽  
The United States ◽  
Emotional States ◽  
Breeding Sites ◽  
Gradual Disappearance ◽  
The Times ◽  
Traditional Natural ◽  
Breeding Seasons ◽  
The Comparative Study

American zoologists and herpetologists during the past fifty years have successfully deciphered the mating calls of frogs and toads with ever increasing precision and sophistication. However, the vocalizations most commonly termed “rain calls,” which typically occur beyond both normal breeding seasons and breeding sites, have remained a persistent puzzle. This article traces the gradual disappearance of rain calls, along with a corresponding decline in any mention of emotional states, from herpetological studies of anuran vocalizations in the United States from the middle of the twentieth century to the present and examines the historical roots of this disappearance. This evaporation of rain calls is indicative of a much larger change in the scientific climate of the times involving the transition from traditional natural history to the Neo-Darwinian, adaptationist paradigm of contemporary biology. Rain calls thus increasingly became anomalous, thereby eliminating a possibly fruitful line of inquiry in the comparative study of human-animal communication, in this case with evolution's earliest vocalizers. The contours and benefits of a more encompassing paradigm, envisioned by some leading early twentieth-century zoologists, are briefly discussed.

Emigrant Psychoanalysts in the USA and the FBI Archives

2004 ◽  
Vol 6 (1) ◽  
pp. 75-92 ◽  
Author(s):  
James E. Goggin
Keyword(s):  
United States ◽  
Civil Rights ◽  
National Socialism ◽  
Cultural Context ◽  
Due Process ◽  
The United States ◽  
External Threats ◽  
The Usa ◽  
The Rich ◽  
New Nation

Interest in the fate of the German psychoanalysts who had to flee Hitler's Germany and find refuge in a new nation, such as the United States, has increased. The ‘émigré research’ shows that several themes recur: (1) the theme of ‘loss’ of one's culture, homeland, language, and family; and (2) the ambiva-lent welcome these émigrés received in their new country. We describe the political-social-cultural context that existed in the United States during the 1930s, 1940s and 1950s. Documentary evidence found in the FBI files of three émigré psychoanalysts, Clara Happel, Martin Grotjahn, and Otto Fenichel, are then presented in combination with other source material. This provides a provisional impression of how each of these three individuals experienced their emigration. As such, it gives us elements of a history. The FBI documents suggest that the American atmosphere of political insecurity and fear-based ethnocentric nationalism may have reinforced their old fears of National Socialism, and contributed to their inclination to inhibit or seal off parts of them-selves and their personal histories in order to adapt to their new home and become Americanized. They abandoned the rich social, cultural, political tradition that was part of European psychoanalysis. Finally, we look at these elements of a history in order to ask a larger question about the appropriate balance between a liberal democratic government's right to protect itself from internal and external threats on the one hand, or crossover into the blatant invasion of civil rights and due process on the other.

scholarly journals These Stories Must Be Told: Preliminary Observations by a Black Scholar Practitioner on Silences in the Archive

Collections ◽  
2020 ◽  
pp. 155019062098103
Author(s):  
Shonda Nicole Gladden
Keyword(s):  
Critical Race Theory ◽  
United States Of America ◽  
Social Enterprise ◽  
The United States ◽  
Oral Histories ◽  
Systemic Racism ◽  
Black Scholar ◽  
Arts And Humanities ◽  
The Times ◽  
Archival Practices

As a scholar practitioner, a trained philosophical theologian, Methodist clergywoman, and social enterprise founder who is conducting oral histories as part of my doctoral internship in the IUPUI Arts and Humanities Institute, my scholarly lens and methodological skills are being defined as I interrogate the COVID-19 archive. In this article I attempt to offer some preliminary reflections on my oral history curation focused on how Black and brown artists and activists, primarily based in Indianapolis, IN, frame their lived experiences of death, dying, mourning, and bereavement in the wake of COVID-19 utilizing critical archival practices: those practices that take seriously the methods of critical race theory, critical gender theory, Womanist, mujerista, and feminist methodologies, to name a few. The COVID-19 archive is a collection of oral histories, stories and artifacts depicting the times in which we are living, through the lenses of storytellers grappling with the pandemics of systemic racism, COVID-19, distrust in government, and various relics representing the idea of the United States of America in 2020, as such, I conclude with a brief exploration of how art emerges as both an outlet for creators and a mode of illumination for consumers.

Legal Aid for Children: Some Reflections

1979 ◽  
Vol 4 (4) ◽  
pp. 29-32
Author(s):  
Brian Lucas
Keyword(s):  
United States Of America ◽  
Due Process ◽  
Juvenile Court ◽  
The United States ◽  
Fourteenth Amendment ◽  
Court System ◽  
Bill Of Rights ◽  
Legal Aid ◽  
Legal Representation ◽  
The Supreme Court

In its Second Main Report, Law and Poverty in Australia, the Commission of Inquiry into Poverty expressed the view that “legal representation for children appearing before the children's court, whether in the criminal or protective jurisdiction, is necessary if justice is to be done.”This view coincides with the opinion of the Supreme Court of the United States of America in In re Gault. It has been said that this decision “unleashed a frontal assault on the juvenile court system.” It confirmed that juveniles were entitled to “due process” and the same protection which the Fourteenth Amendment and the Bill of Rights afforded to adults.

An Investigation of the Impact of COVID-19 Pandemic on Energy Consumption in the United States

2021 ◽  
Vol 2 (3) ◽  
Author(s):  
Lindsey Kahn ◽  
Hamidreza Najafi
Keyword(s):  
Energy Consumption ◽  
Correlation Coefficient ◽  
Energy Use ◽  
The United States ◽  
Annual Growth Rate ◽  
Total Consumption ◽  
The Usa ◽  
End Use ◽  
The Times ◽  
The Impact

Abstract Lockdown measures and mobility restrictions to combat the spread of COVID-19 have impacted energy consumption patterns. The overall decline of energy use during lockdown restrictions can best be identified through the analysis of energy consumption by source and end-use sectors. Using monthly energy consumption data, the total 9-months use between January and September for the years 2015–2020 is calculated for each end-use sector (transportation, industrial, residential, and commercial). The cumulative consumption within these 9 months of the petroleum, natural gas, biomass, and electricity energy by the various end-use sectors are compared. The analysis shows that the transportation sector experienced the greatest decline (14.38%). To further analyze the impact of COVID-19 on each state within the USA, the consumption of electricity by each state and each end-use sector in the times before and during the pandemic is used to identify the impact of specific lockdown procedures on energy use. The distinction of state-by-state analysis in this study provides a unique metric for consumption forecasting. The average total consumption for each state was found for the years 2015–2019. The total average annual growth rate (AAGR) for 2020 was used to find a correlation coefficient between COVID-19 case and death rate, population density, and lockdown duration. A correlation coefficient was also calculated between the 2020 AAGR for all sectors and AAGR for each individual end-user. The results show that Indiana had the highest percent reduction in consumption of 10.07% while North Dakota had the highest consumption increase of 7.61%. This is likely due to the amount of industrial consumption relative to other sectors in the state.

Punishment Legalized: Protest Against Corporal Punishment in Schools

PEDIATRICS ◽  
1976 ◽  
Vol 57 (2) ◽  
pp. 293-293
Author(s):  
Hania W. Ris
Keyword(s):  
United States ◽  
Supreme Court ◽  
Corporal Punishment ◽  
School Children ◽  
Due Process ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
School Official

An unexpected and repressive decision affecting school-children was reached in October 1975 by the United States Supreme Court. It allows the states, if they so choose, to permit teachers to spank students as long as due process is maintained. This implies that other means for control of misbehavior have to be used first, that the student must be informed in advance about the nature of misbehavior which warrants spanking, and that another school official must be present at the time of spanking.

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