G. Alan Tarr - Böcker

Whether federalism and subnational constitutions contribute to or undermine minority rights has long been a subject of controversy. Within the United States, the general view has been that federalism has been detrimental to minority rights. In contrast, other countries have seen federalism as crucial in safeguarding rights of ethnic and religious minorities. This volume provides the basis for a more nuanced assessment of the contributions of federalism and subnational constitutions to protecting minority rights by studying their impact in a variety of federal systems.This work explores both mature federal systems (Switzerland, United States) systems in transition (Belgium, Bosnia, Herzegovina), both quasifederal (Italy, Spain) and well-established systems (Germany), both systems with considerable homogeneity of population (Austria) and systems with extraordinary diversity (India). It also analyses the various constitutional arrangements that federal systems have devised for safeguarding minority rights and given them a voice in political deliberations.

Whether federalism and subnational constitutions contribute to or undermine minority rights has long been a subject of controversy. Within the United States, the general view has been that federalism has been detrimental to minority rights. In contrast, other countries have seen federalism as crucial in safeguarding rights of ethnic and religious minorities. This volume provides the basis for a more nuanced assessment of the contributions of federalism and subnational constitutions to protecting minority rights by studying their impact in a variety of federal systems.This work explores both mature federal systems (Switzerland, United States) systems in transition (Belgium, Bosnia, Herzegovina), both quasifederal (Italy, Spain) and well-established systems (Germany), both systems with considerable homogeneity of population (Austria) and systems with extraordinary diversity (India). It also analyses the various constitutional arrangements that federal systems have devised for safeguarding minority rights and given them a voice in political deliberations.

This is the first systematic and comprehensive analysis of state supreme courts. Offering detailed case studies of the Alabama, Ohio, and New Jersey supreme courts, G. Alan Tarr and Mary Cornelia Aldis Porter then use this information to assess the state courts' relations with federal courts, their relations with state courts in other states, and their relations with other institutions of state government.

The reliance on state declarations of rights to expand rights protections during the last two decades has highlighted the political importance of state constitutions. Yet, throughout American history up to the present day, state constitutions have been the battleground for fundamental political conflicts. This edited volume analyzes the efforts of various groups to achieve their ends via constitutional revision and constitutional amendments, examines the responses to controversial state constitutional rulings, and assesses the consequences of constitutional politics on substantive state policy.

American Constitutional Law 11e, Volume I provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years. The 11th Edition has been fully revised to include several new cases, including Trump v. Hawaii (2018), in which Chief Justice Roberts held that Korematsu v. United States "has been overruled in the court of history"; Murphy v. National Collegiate Athletic Association (2018), in which Justice Alito’s majority opinion provides the most compelling argument to date against federal commandeering of state officials; and Sveen v. Melin (2018), a Contract Clause case that shows the Court’s continuing refusal to give a textualist reading of that provision, even in the face of Justice Gorsuch’s compelling and amusing dissent. A revamped and expanded companion website offers access to even more additional cases, an archive of primary documents, and links to online resources, making this text essential for any constitutional law course.

For many Americans, the word "constitution" means just one thing: the national Constitution. According to a recent survey, almost half do not know that individual states also have constitutions. Scholars have also paid little attention to state constitutions, favoring the apparently more dynamic and significant federal scene. G. Alan Tarr seeks to change that in this landmark book. A leading authority on state legal issues, he combines history, law, and political science to present a thorough and long-needed account of the distinct and important role of state constitutions in American life. Tarr shows that state constitutional politics are dominated by three crucial issues with little salience at the national level: the distribution of power among groups and regions within states, the scope of state and local governmental authority, and the relation of the state to economic activity. He explains how state constitutions differ from the national Constitution in treating not only matters of high principle but also such mundane subjects as ski trails and motor vehicle revenues.He also explores why state constitutions, unlike their federal counterpart, have been so frequently amended and replaced. Tarr concludes that the United States not only has a system of dual constitutionalism but also has dual constitutional cultures. Powerfully argued and meticulously researched, the book fills an important gap in political and legal studies and finally gives state constitutions the scholarly attention they richly deserve.

The first systematic analysis of the obstacles to state constitutional reform.Through illuminating case studies of reform efforts in Alabama, California, Colorado, Florida, New York, and Virginia, this book-the first of three volumes-provides the first systematic analysis of the political obstacles to state constitutional reform. For those seeking constitutional reform, this useful resource can spell the difference between success and failure, and for those interested in state politics or constitutional politics, it offers rare insight into a distinctive aspect of American constitutionalism. Written by eminent scholars who were, in many cases, also active participants in the reform campaign, the essays provide practical experience, expert analysis, and lessons for future constitutional reformers.

The first systematic analysis of the obstacles to state constitutional reform.Through illuminating case studies of reform efforts in Alabama, California, Colorado, Florida, New York, and Virginia, this book-the first of three volumes-provides the first systematic analysis of the political obstacles to state constitutional reform. For those seeking constitutional reform, this useful resource can spell the difference between success and failure, and for those interested in state politics or constitutional politics, it offers rare insight into a distinctive aspect of American constitutionalism. Written by eminent scholars who were, in many cases, also active participants in the reform campaign, the essays provide practical experience, expert analysis, and lessons for future constitutional reformers.

Nationally recognized experts analyze how states deal with major constitutional issues.This third and final volume in a series devoted to state constitutions analyzes how these documents address major constitutional issues such as the protection of rights; voting and elections; constitutional change; the legislature; the executive; the judiciary; taxing, spending, and borrowing; local government; education; and the environment. Contributors identify the strengths and weaknesses of current state constitutions, highlight the major issues confronting the states, and assess various approaches for reform.

State Constitutions for the Twenty-first Century, Volume 1The Politics of State Constitutional ReformState Constitutions for the Twenty-first Century, Volume 2Drafting State Constitutions, Revisions, and AmendmentsState Constitutions for the Twenty-first Century, Volume 3The Agenda of State Constitutional Reform

State Constitutions for the Twenty-first Century, Volume 1The Politics of State Constitutional ReformState Constitutions for the Twenty-first Century, Volume 2Drafting State Constitutions, Revisions, and AmendmentsState Constitutions for the Twenty-first Century, Volume 3The Agenda of State Constitutional Reform

The impartial administration of justice and the accountability of government officials are two of the most strongly held American values. Yet these values are often in direct conflict with one another. At the national level, the U.S. Constitution resolves this tension in favor of judicial independence, insulating judges from the undue influence of other political institutions, interest groups, and the general public. But at the state level, debate has continued as to the proper balance between judicial independence and judicial accountability. In this volume, constitutional scholar G. Alan Tarr focuses squarely on that debate. In part, the analysis is historical: how have the reigning conceptions of judicial independence and accountability emerged, and when and how did conflict over them develop? In part, the analysis is theoretical: what is the proper understanding of judicial independence and accountability? Tarr concludes the book by identifying the challenges to state-level judicial independence and accountability that have emerged in recent decades, assessing the solutions offered by the competing sides, and offering proposals for how to strike the appropriate balance between independence and accountability.

The impartial administration of justice and the accountability of government officials are two of the most strongly held American values. Yet these values are often in direct conflict with one another. At the national level, the U.S. Constitution resolves this tension in favor of judicial independence, insulating judges from the undue influence of other political institutions, interest groups, and the general public. But at the state level, debate has continued as to the proper balance between judicial independence and judicial accountability. In this volume, constitutional scholar G. Alan Tarr focuses squarely on that debate. In part, the analysis is historical: how have the reigning conceptions of judicial independence and accountability emerged, and when and how did conflict over them develop? In part, the analysis is theoretical: what is the proper understanding of judicial independence and accountability? Tarr concludes the book by identifying the challenges to state-level judicial independence and accountability that have emerged in recent decades, assessing the solutions offered by the competing sides, and offering proposals for how to strike the appropriate balance between independence and accountability.

The authors of this engaging book discuss whether federalism promotes or undermines rights. With emerging democracies in Europe and elsewhere currently attempting to design constitutions that combine effective government, recognition of ethnic diversity within their populations, and protection of individual rights, the importance of these questions cannot be overstated. The authors examine both the theoretical perspectives on the relationship between federalism and rights, and the historical and contemporary relationship between federalism and rights in the United States. The contributors to this volume analyze the U.S. federal system as a potential model for contemporary constitution-makers as well as explore how its system can serve as a cautionary example. Sponsored by the Center for the Study of Federalism. Contributors include: Dorthy Toth Beasley; Irwin Cotler; Talbolt Dälemberte; Daniel J. Elazar; A.E. Dick Howard; Gary J. Jacobsohn; Koen Lenaerts; Jean Yarborough; Michael P. Zuckert.

The authors of this engaging book discuss whether federalism promotes or undermines rights. With emerging democracies in Europe and elsewhere currently attempting to design constitutions that combine effective government, recognition of ethnic diversity within their populations, and protection of individual rights, the importance of these questions cannot be overstated. The authors examine both the theoretical perspectives on the relationship between federalism and rights, and the historical and contemporary relationship between federalism and rights in the United States. The contributors to this volume analyze the U.S. federal system as a potential model for contemporary constitution-makers as well as explore how its system can serve as a cautionary example. Sponsored by the Center for the Study of Federalism. Contributors include: Dorthy Toth Beasley; Irwin Cotler; Talbolt Dälemberte; Daniel J. Elazar; A.E. Dick Howard; Gary J. Jacobsohn; Koen Lenaerts; Jean Yarborough; Michael P. Zuckert.

An excellent introduction to judicial politics as a method of analysis, the eighth edition of Judicial Process and Judicial Policymaking focuses on policy in the judicial process. Rather than limiting the text to coverage of the U.S. Supreme Court, G. Alan Tarr examines the judiciary as the third branch of government, and weaves four major premises throughout the text: (1) Courts in the United States have always played an important role in governing and their role has increased in recent decades; (2) Judicial policymaking is a distinctive activity; (3) Courts make policy in a variety of ways; and (4) Courts may be the objects of public policy, as well as creators.New to the Eighth EditionDiscusses appointments by Presidents Donald Trump and Joseph Biden to the federal courts, including the confirmations of Gorsuch, Kavanaugh, Coney Barrett, and Jackson to the Supreme CourtIntroduces the controversy of the Supreme Court’s “shadow docket”Analyzes the legal and political aftermath of the Dobbs v. Jackson Women’s Health Organization overruling Roe v. Wade Examines other key state and federal rulings on non-unanimous verdicts in criminal cases, gerrymandering, climate change, and separation between church and state

American Constitutional Law, Volume II, provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years.The 12th Edition includes several recent landmark First Amendment cases, including Dobbs v. Jackson Women's Health Organization (2022) and Students for Fair Admissions v. Harvard (2023). A new companion website, www.americanconlaw.com, offers access to primary documents and every case that formerly appeared in American Constitutional Law.

American Constitutional Law, Volume I, provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years.The 12th Edition has been fully revised to include several new cases, including many involving President Donald J. Trump. Chapter 7, Federalism, has been revised to add several cases, previously in Volume II, pertaining to voting and elections. A new companion website, www.americanconlaw.com, offers access to primary documents and every case that formerly appeared in American Constitutional Law.

American Constitutional Law, Volume I, provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years.The 12th Edition has been fully revised to include several new cases, including many involving President Donald J. Trump. Chapter 7, Federalism, has been revised to add several cases, previously in Volume II, pertaining to voting and elections. A new companion website, www.americanconlaw.com, offers access to primary documents and every case that formerly appeared in American Constitutional Law.

American Constitutional Law, Volume II, provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years.The 12th Edition includes several recent landmark First Amendment cases, including Dobbs v. Jackson Women's Health Organization (2022) and Students for Fair Admissions v. Harvard (2023). A new companion website, www.americanconlaw.com, offers access to primary documents and every case that formerly appeared in American Constitutional Law.

An excellent introduction to judicial politics as a method of analysis, the eighth edition of Judicial Process and Judicial Policymaking focuses on policy in the judicial process. Rather than limiting the text to coverage of the U.S. Supreme Court, G. Alan Tarr examines the judiciary as the third branch of government, and weaves four major premises throughout the text: (1) Courts in the United States have always played an important role in governing and their role has increased in recent decades; (2) Judicial policymaking is a distinctive activity; (3) Courts make policy in a variety of ways; and (4) Courts may be the objects of public policy, as well as creators.New to the Eighth EditionDiscusses appointments by Presidents Donald Trump and Joseph Biden to the federal courts, including the confirmations of Gorsuch, Kavanaugh, Coney Barrett, and Jackson to the Supreme CourtIntroduces the controversy of the Supreme Court’s “shadow docket”Analyzes the legal and political aftermath of the Dobbs v. Jackson Women’s Health Organization overruling Roe v. Wade Examines other key state and federal rulings on non-unanimous verdicts in criminal cases, gerrymandering, climate change, and separation between church and state