The Rhode Island State Constitution

by Conley, Patrick T.; Flanders, Robert G.

• ISBN13: 9780199778713
• ISBN10: 019977871X
• Format: Hardcover
• Copyright: 2011-04-11
• Publisher: Oxford University Press

Summary

Rhode Island has a long history of constitutional governance. Beginning in 1636, Rhode Island's constitution has been shaped by revolution, nation-building, tumult, and further changes wrought by everything from neo-liberalism to gay rights. The result has been a living document reflecting conflicting and changing values, making the Rhode Island constitution an essential resource for understanding the cultural history of this state. InThe Rhode Island State ConstitutionPatrick T. Conley and Robert J. Flanders provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of Rhode Island's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of Rhode Island's constitution. The Oxford Commentaries on the State Constitutions of the United Statesis an important new series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

Author Biography

Dr. Patrick T. Conley has argued more than forty Supreme Court appeals. He was a Professor of History and Constitutional Law a Providence College for thirty years. Justice Robert G. Flanders, Jr. is a partner at Hinckley, Allen Snyder LLP. He is a former Associate Justice of the Rhode Island Supreme Court.

Table of Contents

Series Foreword	p. xi
Preface	p. xiii
Acknowledgments	p. xv
Rhode Island Constitutional Development, 1636-2006
The Colonial Era: to 1763	p. 3
The Revolutionary Era: 1764-1790	p. 15
The Early National Period: 1790-1840	p. 19
The Dorr Rebellion and Its Aftermath: 1841-1854	p. 24
The Republican Ascendancy: 1854-1935	p. 28
The Bloodless Revolution and Its Aftermath: 1935-1939	p. 34
The Democratic Ascendancy: 1940-1985	p. 35
The Modern Era: 1986-2006	p. 42
The Rhode Island Constitution and Commentary
Constitution of the State of Rhode Island and Providence Plantations	p. 51
Preamble	p. 51
Declaration of Certain Constitutional Rights and Principles	p. 53
Right to make and alter the constitution-Constitution obligatory upon all	p. 54
Laws for good of the wholeùBurdens to be equally distributedùDue processùEqual protectionùDiscriminationùNo right to abortion granted	p. 56
Freedom of religion	p. 63
Slavery prohibited	p. 69
Entitlement to remedies for injuries and wrongsùRight to justice	p. 71
Search and seizure	p. 75
Requirement of presentment or indictment-Double jeopardy	p. 76
Bail, fines, and punishments	p. 78
Right to bailùHabeas corpus	p. 81
Rights of accused in criminal cases	p. 84
Relief of debtors from prison	p. 88
Expost facto lawsùLaws impairing the obligation of contract	p. 89
Self-incrimination	p. 91
Presumption of innocenceùSecuring accused persons	p. 94
Trial by jury	p. 96
Compensation for taking private property for public useùRegulation of fishery rights and shore privileges not a public taking	p. 99
Fishery rightsùPrivileges of the shore Conservation of natural resourcesùPreservation of the natural environment	p. 109
Subordination of the military to civil authority	p. 118
Quartering of soldiers	p. 120
Freedom of the press	p. 121
Right to assemble and petitionùFreedom ofspeech	p. 122
Right to bear arms	p. 123
Rights of victims of crime	p. 124
Rights not enumeratedùState rights not dependent on federal rights	p. 126
Of Suffrage	p. 129
Persons entitled to vote	p. 129
Nominations, voter registration, and voting procedures	p. 135
Of Qualification for Office	p. 139
Civil officeùQualified electors	p. 139
Disqualification upon conviction or plea of nolo contendereùRequalification following sentence, probation, or parole	p. 141
Oath of general officers	p. 144
Oath of General Assembly members, judges, and other officers	p. 144
Method of administering the oath of office	p. 144
Holding of offices under other governmentsùSenators and representatives not to hold other appointed offices under state government	p. 145
Ethical conduct	p. 148
Ethics comrnissionùCode of ethics	p. 148
of Elections and Campaign Finance	p. 151
Election and terms of governor, lieutenant governor, secretary of state, attorney general, general treasurer, and General Assembly membersùRecall	p. 151
Election by plurality	p. 153
Filling vacancy by the General Assembly when elected officers cannot serveùElection when there is no plurality	p. 155
Temporary appointment to fill vacancies in the office of secretary of state, attorney general, or general treasurer	p. 156
Special elections to fill General Assembly vacancies	p. 156
Elections in grand committeeùMajority voteùTerm of elected official	p. 157
Elections in grand committeeùQuorumùPermitted activities	p. 158
Voter registration lists	p. 158
Reports of campaign contributions and expenses	p. 159
Limitations on campaign contributionsù Public financing of campaign expenditures of general officers	p. 159
Of the Distribution of Powers	p. 161
Of the Legislative Power	p. 171
Constitution the supreme law of the state	p. 171
Power vested in the General AssemblyùConcurrence of houses required to enact lawsùStyle of laws	p. 178
Sessions of the General AssemblyùCompensation of General Assembly members and officers	p. 181
Restriction on General Assembly members' activities as counsel	p. 183
Immunities of General Assembly members	p. 188
Election and qualification of General Assembly membersùQuorum and organization, of houses	p. 190
Rules of the housesùContempt	p. 191
House journals	p. 191
Adjournment of houses	p. 192
Residual powers (repealed in 2005)	p. 193
Vote required to pass local or private appropriations	p. 197
Property valuations for tax assessments	p. 200
Continuance in office until successors qualify	p. 201
General corporation laws	p. 201
Lotteries	p. 204
Borrowing power of the General Assembly	p. 206
Borrowing in anticipation of receipts	p. 210
Redevelopment powers	p. 211
Taking of property for highways, streets, places, parks, or parkways	p. 213
Local off-street parking facilities	p. 214
Emergency powers in case of enemy attack	p. 214
Referendum on the expansion of gambling	p. 215
Of the House of Representatives	p. 217
Composition	p. 217
OfficersùPresiding member during organization	p. 221
Of theSenate	p. 223
Composition and apportionment	p. 223
Lieutenant governor to be presiding officer until 2003	p. 228
residing officer in absence of lieutenant governor (repealed)	p. 228
Secretary of state to be secretary of the senate (repealed)	p. 229
Of the Executive Power	p. 231
Power vested in the governor	p. 231
faithful execution of laws	p. 232
Captain general and commander in chief of military and navy	p. 233
Reprieves	p. 234
Powers of appointment	p. 234
Adjournment of the General Assembly	p. 236
Convening of special sessions of the General Assembly	p. 237
Commissions and the state seal	p. 237
Vacancy in the office of the governor	p. 237
Vacancies in offices of both the governor and lieutenant governor	p. 238
Compensation of the governor and lieutenant governor	p. 239
Powers and duties of the secretary of state attorney general, and general treasurer	p. 239
Pardons	p. 242
Veto power of governorùVeto overrides by General AssemblyùActs effective without action by the governor	p. 243
State budget	p. 244
Limitation on state spending	p. 244
Budget reserve account	p. 246
Of the Judicial Power	p. 247
Power vested in the courts	p. 247
Jurisdiction of the supreme and inferior courtsùQuorum of the supreme court	p. 252
Advisory opinions by the supreme court	p. 257
Judicial selection	p. 260
Tenure of supreme court justices	p. 262
Compensation for justices of the supreme court	p. 263
Wardens and justices of the peace	p. 263
Of Impeachments	p. 265
Power of impeachment by the House	p. 265
Impeachment trial by the senate	p. 265
Governor, executive officers, judges liable to impeachmentùGrounds for impeachment	p. 265
OfEducation	p. 269
Duty of the General Assembly to promote public schools and public libraries and to secure opportunities for education	p. 269
Perpetual school fund	p. 269
Educational donations	p. 269
Implementation of this articleùDiversion of funds prohibited	p. 269
Home Rule for Cities and Towns	p. 277
Right of self-government in local matters	p. 277
Local power to adopt home rule charter in conformity with reserved powers of the General Assembly	p. 277
Every city and town shall have a legislative body	p. 277
General laws apply to all cities and towns but shall not affect the form of governmentù Special acts need approval of local electors	p. 277
Local taxing and borrowing power only as authorized by the General Assembly	p. 278
Procedures for the adoption of a home rule charter	p. 278
Vote on charter adoption	p. 278
Amendments to a home rule charter	p. 278
Filing of charter petition with local legislative body	p. 279
Certification of charter adoption	p. 279
No diminution of the power of the judiciary	p. 279
Constitutional Amendments and Revisions	p. 291
Amendment process	p. 291
Procedures for the call of a constitutional convention	p. 291
General Transition	p. 295
"What remains in full force and effect	p. 295
What continues to be valid	p. 295
All officers to continue the duties of their office	p. 295
Implementing legislation required	p. 295
Bibliographical Essay	p. 297
Table of Case	p. s329
Index	p. 345
About the Author	p. 357
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