State Constitutions for the Twenty-first Century: Drafting State Constitutions, Revisions, And Amendments

by Grad, Frank P.; Williams, Robert F.

• ISBN13: 9780791466483
• ISBN10: 0791466485
• Format: Paperback
• Copyright: 2006-06-01
• Publisher: State Univ of New York Pr

Summary

Constitutional reform requires not only good ideas but also the ability to translate those ideas into language that will effectuate the drafters' aims. This book-the second of three volumes on state constitutions-is the essential guide for those involved in constitutional reform. It identifies the recurrent problems that reformers face in drafting or amending state constitutions and explores how those problems might be addressed. It also explains why drafting state constitutions is a distinctive enterprise, different from the drafting of other legal documents. Book jacket.

Author Biography

Frank P. Grad is Joseph P. Chamberlain Professor Emeritus of Legislation at Columbia Law School Robert F. Williams is Distinguished Professor of Law and Associate Director of the Center for State Constitutional Studies at Rutgers University at Camden

Table of Contents

Preface	vii
Introduction	xi
Reflection and Restraint in State Constitutional Amendment and Revision	1	(6)
The State Constitution: Form and Function	7	(24)
Unique Issues in Drafting State Constitutions	31	(28)
Some Implications of State Constitutional Amendment for the Drafter	59	(16)
Judicial Doctrines of Interpretation Affecting Drafters of State Constitutional Provisions	75	(28)
Notes	103	(26)
Index	129