Toward a Usable Past: Liberty Under State Constitutions

Overview


The United States Supreme Court's relegation of many rights to definition under state constitutional law, combined with the tendency of recent administrations to entrust the states with the task of preserving individual rights, is increasingly making state constitutions the arena where the battles to preserve the rights to life, liberty, property, due process, and equal protection of laws must be fought.

Ranging in time from the late 1700s to the late 1900s, Toward a Usable ...

See more details below
Paperback
$26.56
BN.com price
(Save 4%)$27.95 List Price
Other sellers (Paperback)
  • All (7) from $22.54   
  • New (5) from $22.55   
  • Used (2) from $22.54   
Sending request ...

Overview


The United States Supreme Court's relegation of many rights to definition under state constitutional law, combined with the tendency of recent administrations to entrust the states with the task of preserving individual rights, is increasingly making state constitutions the arena where the battles to preserve the rights to life, liberty, property, due process, and equal protection of laws must be fought.

Ranging in time from the late 1700s to the late 1900s, Toward a Usable Past offers a series of case studies that examine the protection afforded individual rights by state constitutions and state constitutional law. As it explores the history of liberty at the state level, this volume also investigates the promise and risks of turning to state constitutions to guarantee and expand individual rights.

In this book, major scholars and legal practitioners discuss state protections of civil liberty, and ponder the contemporary implications of the state record. The cases examined cover topics ranging from religion in schools during the Federalist era to criminal justice in the late nineteenth century, from racial integration in Kansas before Brown v. Board of Education to legal battles over birth control in the Connecticut Supreme Court.

The introduction presents the historical and contemporary significance of the topic and traces the evolution of the federal constitutional law establishing the parameters of state regulation of individual rights.

Read More Show Less

Editorial Reviews

From the Publisher

"Contain[s] much of interest, and [has] an appeal rather broader than [the] North American focus might suggest."—John W. Cairns, Legal History

"[A] fine collection of essays . . . The volume is accessible and provides an excellent starting place for an examination of state constitutional developments. It deserves a wide audience, and should serve to inspire further work on the constitutional past of the states."—James W. Ely Jr., American Journal of Legal History

"An important book. The first volume devoted to state constitutional history in recent years, it demonstrates both the importance of the enterprise and how much work remains to be done."—G. Alan Tarr, American Political Science Review

"This important and impressive volume of fifteen essays provides examples of the best research and thinking occurring in the historical and legal world of state constitutionalism. . . . These essays demonstrate thoughtful arguments and prudent judgments."—Thomas C. Mackey, History of Education Quarterly

Read More Show Less

Product Details

  • ISBN-13: 9780820334967
  • Publisher: University of Georgia Press
  • Publication date: 9/1/2009
  • Pages: 464
  • Product dimensions: 6.00 (w) x 9.00 (h) x 1.03 (d)

Meet the Author


Paul Finkelman is President William McKinley Distinguished Professor of Law and Public Policy at Albany Law School. He is the author of numerous books, including An Imperfect Union: Slavery, Federalism, and Comity and Slavery and the Founders: Race and Liberty in the Age of Jefferson. Stephen E. Gottlieb is the Jay and Ruth Caplan Distinguished Professor at Albany Law School whose books include Morality Imposed: The Rehnquist Court and Liberty in America and Jurisprudence: Cases and Materials.
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)