State Constitutional Law in a Nutshell

by Marks, Thomas C., Jr.; Cooper, John F.

• ISBN13: 9780314241689
• ISBN10: 031424168X
• Edition: 2nd
• Format: Paperback
• Copyright: 2003-03-01
• Publisher: West Academic

Summary

Expert authors identify and discuss the important issues in state constitutional law. The text covers rules of construction, state declarations of rights, and the executive, legislative, and judicial branches. Examines the separation of powers, local government, revenue, taxation, homestead exemptions, and miscellaneous provisions. Also includes amendments to state constitutions.

Table of Contents

Dedication	p. iii
Preface	p. v
Acknowledgments	p. vii
Table of Cases	p. xvii
Introduction
The Purpose of the State Constitution	p. 1
Limiting the Exercise of State Power	p. 3
Regulating the Exercise of Power	p. 4
Reaffirmation of Existing Power	p. 5
Allocation of Power Between Branches of the State Government & the State and Its Subdivisions	p. 7
Federal v. State Constitutional Power	p. 8
Rule of Construction
The Basis for Rules of Constitutional Interpretation	p. 10
Literal Meaning, Intent, and Absurd Results	p. 12
Intrinsic Evidence of Meaning: Expressio Unius Est Exclusio Alterius	p. 16
Intrinsic Evidence of Meaning: Inconsistencies Within Constitutions	p. 19
Extrinsic Evidence of Meaning: Consideration of the Circumstances Surrounding the Adoption of the Constitution	p. 21
Extrinsic Evidence of Meaning: Legislative Interpretation of Constitutions	p. 23
Extrinsic Evidence: Ballot Summary and Similar Matters	p. 27
Choice of Rule of Interpretation	p. 28
The Effect of Mandatory Provisions	p. 29
Use of Rules of Statutory Construction	p. 30
State Declarations of Rights
The Purpose of State Declarations of Rights	p. 33
The Historical Role of State Declarations of Rights	p. 34
State Guarantees of Rights Differing From the Federal	p. 35
An Adequate and Independent State Ground	p. 37
The Development of the Adequate and Independent State Ground Doctrine	p. 39
The Plain Statement Rule	p. 42
Identical or Similar Constitutional Provisions	p. 45
The Future of State Declarations of Rights	p. 47
Recent Applications of State Constitutions with a Resultant Expansion of Protection Afforded by State Constitutions	p. 49
The Executive Branch
The Governor	p. 51
The Governor's Election, Qualifications for and Term of Office	p. 52
The Governor and the Legislature	p. 57
The Governor's Appointment and Removal Power	p. 61
Clemency	p. 69
The Governor's Military Power	p. 73
Lieutenant Governor and Succession to the Office of Governor	p. 75
Executive Officers and Departments	p. 78
The Legislative Branch
Introduction	p. 86
Legislative Sessions	p. 87
Origination Clauses	p. 93
Elections, Qualifications, Disqualifications, Expulsion and Privileges of Legislators	p. 96
Legislative Compensation	p. 104
Single Subject Requirement	p. 106
Title Requirement	p. 114
General Laws and Limitations on Special and Local Legislation	p. 117
The Judicial Branch
Court Structure: Sources and Patterns	p. 135
Judicial Power: Source and Nature of Jurisdiction	p. 154
Judicial Power: Rule Making	p. 167
Judicial Power: Advisory Opinions	p. 172
Judicial Power: Lawyer Governance and the Regulation of the Practice of Law	p. 173
Qualifications Required by Constitution for Judicial Office	p. 177
Selection and Retention of Judges	p. 179
Discipline and Removal of Judges	p. 181
Separation of Powers
Separation of Powers as a Concept	p. 186
Judicial Deference to and Usurpation of Legislative Power	p. 191
Judicial Usurpation of Legislative Power: Problems of Statutory Construction	p. 195
Judicial Usurpation of Executive Power	p. 199
Executive Usurpation of Legislative Power	p. 202
Executive Usurpation of Judicial Power	p. 205
Legislative Usurpation of Judicial Power	p. 208
Delegation of Legislative Power	p. 213
Delegation of Judicial Power	p. 215
Local Government
Introduction	p. 219
Limitations on Revenue Practices and Expenditures by Local Government	p. 222
Provisions Pertaining to Counties Other Than Home Rule Provisions	p. 231
Limitations on Special Laws That May Affect Local Government	p. 234
Home Rule Provisions	p. 235
School Districts	p. 240
Revenue and Taxation
Federal Constitutional Limitations	p. 244
Constitutional Limitations on Issuance of State Bonds-Introduction	p. 245
Public Purpose Limitations	p. 247
States With No or Minimal Restrictions on the Issuance of State Debt	p. 248
States With Legislative Super Majority Requirements	p. 249
Referendum Requirements	p. 250
States Prohibiting State Debt but Providing Exceptions for Certain Purposes	p. 251
Summary of State General Obligations Bonds	p. 252
Revenue Bonds	p. 253
Constitutional Restrictions on Debt of Local Government	p. 255
Limitation on Local Debt Imposed by Reference to Ad Valorem Tax Base	p. 256
Limitation of Local Indebtedness by Restricting Tax Rates That Can Be Used for Repayment of Debt	p. 257
Referendum Requirements	p. 258
Summary of Local Government Bond Restrictions	p. 258
Uniformity Clauses	p. 259
General Non-Property Tax Provisions	p. 262
Specific Restrictions on Approval of Tax Bills	p. 264
Constitutional Provisions Pertaining to Income Taxes	p. 264
Constitutional Provisions Pertaining Estate Taxes	p. 267
Requirement of Taxation According to Valuation	p. 268
Meaning of "Just Value" and Related Terms	p. 269
Use Valuation	p. 270
The Exemption of Public Property	p. 271
Charitable Exemptions	p. 274
Miscellaneous Exemptions	p. 277
Homestead Exemptions
Introduction	p. 279
Provisions Requiring Legislative Enactments	p. 279
Constitutional Provisions Establishing Homestead Exemptions	p. 280
Restrictions on Acreage	p. 280
Exceptions to the Homestead Exemption	p. 281
Restrictions on Alienation of Homestead	p. 282
Restrictions on the Devise of the Homestead	p. 282
Interpretation of Homestead Provisions	p. 283
Homestead Exemptions and State Criminal Forfeiture Proceedings	p. 283
Homestead Exemptions and Federal Bankruptcy Law	p. 284
Miscellaneous Provisions
Introduction-Statutory Provisions Contained in State Constitutions	p. 285
Provisions Relating to Education	p. 286
Impeachment and Removal of State Officials	p. 291
Provisions for Recall Elections of Public Officials	p. 292
Initiative and Referendum	p. 293
Reapportionment	p. 295
Provisions Waiving or Authorizing the Waiving of Sovereign Immunity	p. 297
Provisions Relating to Administration of School Lands and School Fund	p. 298
Amendments to State Constitutions
Introduction	p. 300
Legislative Proposal	p. 302
Revision Commissions	p. 305
Amendment by Initiative Petition	p. 306
Constitutional Convention	p. 310
The Submission of Constitutional Amendments or Revisions to the Electorate	p. 312
Model State Constitution	p. 315
Index	p. 353
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