The Constitution Of South Carolina The Relationship Of The Legislative Executive And Judicial Branches

In this volume Professor Underwood considers the constitutional doctrines that address the separation of church and state and the free exercise of religion. These doctrines are treated in historical and contemporary contexts extending from early colonial times to the most recent disputes over freedom of religion. The interaction of state and federal constitutional law is considered in detail. Underwood examines leading state and colonial cases and statutes and cites pivotal United States Supreme Court cases that have had an impact on South Carolina law. Among the issues discussed are Sunday Blue Laws, state financial contributions to religious groups, unorthodox forms of worship, and religion in the public schools. Many of the topics covered not only have deep historical roots but also are the subjects of contemporary public debate, legislation, and litigation. Issues such as prayer in the schools, itinerant evangelism, and physically dangerous forms of worship, such as those involving drug use, are constantly in the headlines. In a key chapter, the author explores the debate over the various patterns that the relationship between church and state authorities can take. In the final section, Professor Underwood examines free expression issues which have been closely related to church and state disputes. This portion focuses specifically on state obscenity laws, provisions regulating personal morality. The discussion begins with early nineteenth-century cases and statutes and ends with the most recent cases and statuatory amendments.

Traces the evolution of voting rights in the Palmetto State from the Civil War through the present.

South Carolina's current constitution is a unique reflection of America's cultural and political history. It has roots dating back to the state's original colonial charter, comprising an uneasy alliance of post-Civil War history, late 19th century return to segregation, and post-1960s liberalizing reforms. In The South Carolina State Constitution, Cole Blease Graham illustrates the success of positive political forces pitted against the social norms of a Deep South state. His informed analysis challenges advocates of constitutional reform to continue revision efforts, making this volume an important contribution to the study of state politics and the principles of democratic government. The South Carolina State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of South Carolina'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 South Carolina's constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important 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.

This title provides a comprehensive critical analysis of the origins of judicial independence in the United States. The book examines the political theory of an independent judiciary and chronicles how each of the original 13 states and their colonial antecedents treated their respective judiciaries.

The transformation of the American South--from authoritarian to democratic rule--is the most important political development since World War II. It has re-sorted voters into parties, remapped presidential elections, and helped polarize Congress. Most important, it is the final step in America's democratization. Paths Out of Dixie illuminates this sea change by analyzing the democratization experiences of Georgia, Mississippi, and South Carolina. Robert Mickey argues that Southern states, from the 1890s until the early 1970s, constituted pockets of authoritarian rule trapped within and sustained by a federal democracy. These enclaves--devoted to cheap agricultural labor and white supremacy--were established by conservative Democrats to protect their careers and clients. From the abolition of the whites-only Democratic primary in 1944 until the national party reforms of the early 1970s, enclaves were battered and destroyed by a series of democratization pressures from inside and outside their borders. Drawing on archival research, Mickey traces how Deep South rulers--dissimilar in their internal conflict and political institutions--varied in their responses to these challenges. Ultimately, enclaves differed in their degree of violence, incorporation of African Americans, and reconciliation of Democrats with the national party. These diverse paths generated political and economic legacies that continue to reverberate today. Focusing on enclave rulers, their governance challenges, and the monumental achievements of their adversaries, Paths Out of Dixie shows how the struggles of the recent past have reshaped the South and, in so doing, America's political development.

A telling reevaluation of African American roles in government and law during Reconstruction At Freedom's Door rescues from obscurity the identities, images, and long-term contributions of black leaders who helped to rebuild and reform South Carolina after the Civil War. In seven essays, the contributors to the volume explore the role of African Americans in government and law during Reconstruction in the Palmetto State. Bringing into focus a legacy not fully recognized, the contributors collectively demonstrate the legal acumen displayed by prominent African Americans and the impact these individuals had on the enactment of substantial constitutional reforms—many of which, though abandoned after Reconstruction, would be resurrected in the twentieth century. James Lowell Underwood, in a reexamination of the Constitutional Convention of 1868, recounts the critical role African American delegates played in the drafting of the state's first truly democratic constitution. In a pair of essays, J. Clay Smith and Belinda Gergel offer much new biographical information about Joseph Jasper Wright, the first African American to serve on a state supreme court bench. They discuss Wright's jurisprudence, approach to judicial decision making, role in the Dual Government Controversy of 1876, and coerced resignation from the court. In essays that explore the role of African American attorneys in South Carolina, W. Lewis Burke considers an all-but-forgotten phase in the history of the University of South Carolina Law School—the education and graduation of Black students in the 1870s—and John Oldfield sheds light on a law school administered by and for African Americans in post-Reconstruction South Carolina. Michael Mounter tells the story of Richard T. Greener, the first African American graduate of harvard and the first African American professor at the University of South Carolina. The eminent Reconstruction historian Eric Foner opens and concludes the volume by placing in national perspective the lives of these African Americans and the events in which they participated.

A companion volume to Books on Early American History and Culture, 1991-1995, this work covers scholarship on early American history, including North America and the Caribbean from 1492 to 1815. This annotated bibliography surveys over 1,000 monographs, essay collections, exhibition catalogs, and reference works published between 1986 and 1990. In thirty-two thematic sections, the book covers such topics as colonization, rural life and agriculture, and religion. This useful guide organizes the recent explosion of scholarly literature on pre-colonial, colonial, and early Republican America.