Report Of The Debates And Proceedings Of The Convention For The Revision Of The Constitution Of The State Of Ohio 1850 51

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For too long, the American constitutional tradition has been defined solely by the U.S. Constitution drafted in 1787. Yet constitutional debates at the state level open a window on how Americans, in different places and at different times, have chosen to govern themselves. From New Hampshire in 1776 to Louisiana in 1992, state constitutional conventions have served not only as instruments of democracy but also as forums for revising federal principles and institutions. In The American State Constitutional Tradition, John Dinan shows that state constitutions are much more than mere echoes of the federal document. The first comprehensive study of all 114 state constitutional conventions for which there are recorded debates, his book shows that state constitutional debates in many ways better reflect the accumulated wisdom of American constitution-makers than do the more traditional studies of the federal constitution. Wielding extraordinary command over a mass of historical detail, Dinan clarifies the alternatives considered by state constitution makers and the reasons for the adoption or rejection of various governing principles and institutions. Among other things, he shows that the states are nearly universal in their rejection of the rigid federal model of the constitutional amendment process, favoring more flexible procedures for constitutional change; they often grant citizens greater direct participation in law-making; they have debated and at times rejected the value of bicameralism; and they have altered the veto powers of both the executive and judicial branches. Dinan also shows that, while the Founders favored a minimalist design and focused exclusively on protecting individuals from government action, state constitution makers have often adopted more detailed constitutions, sometimes specifying positive rights that depend on government action for their enforcement. Moreover, unlike the federal constitution, state constitutions often contain provisions dedicated to the formation of citizen character, ranging from compulsory schooling to the regulation of gambling or liquor. By integrating state constitution making with the federal constitutional tradition, this path-breaking work widens and deepens our understanding of the principles by which we've chosen to govern ourselves.

With this book, Nancy Isenberg illuminates the origins of the women's rights movement. Rather than herald the singular achievements of the 1848 Seneca Falls convention, she examines the confluence of events and ideas--before and after 1848--that, in her view, marked the real birth of feminism. Drawing on a wide range of sources, she demonstrates that women's rights activists of the antebellum era crafted a coherent feminist critique of church, state, and family. In addition, Isenberg shows, they developed a rich theoretical tradition that influenced not only subsequent strains of feminist thought but also ideas about the nature of citizenship and rights more generally. By focusing on rights discourse and political theory, Isenberg moves beyond a narrow focus on suffrage. Democracy was in the process of being redefined in antebellum America by controversies over such volatile topics as fugitive slave laws, temperance, Sabbath laws, capital punishment, prostitution, the Mexican War, married women's property rights, and labor reform--all of which raised significant legal and constitutional questions. These pressing concerns, debated in women's rights conventions and the popular press, were inseparable from the gendered meaning of nineteenth-century citizenship.

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 second edition of The Ohio State Constitution begins with a detailed summary and analysis of the history of the Ohio Constitution, including the pre-statehood Northwest Ordinance of 1787 (i.e., the Northwest Ordinance), the adoption of the 1802 Constitution, which resulted in Ohio's admission as the 17th state in the Union, and the adoption of the 1851 Constitution, Ohio's current constitution. In-depth attention is given to the 34 amendments that have their origins in the work of the Progressive-era 1912 Constitutional Convention, which proposed the initiative and referendum, and the home rule amendment. The historical commentary also covers the modern efforts to use commissions to revise the constitution, and the emergence of the new judicial federalism in Ohio. In Part Two, the book contains detailed commentaries on each of the 220+ sections of the constitution, and the commentary on each of the 19 Articles begins with an article-specific introductory essay.