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Series

State and Local Government Law

Journal Articles

2003

Articles 1 - 2 of 2

Full-Text Articles in Law

State Constitutional Rights As Resistance To National Power: Toward A Functional Theory Of State Constitutions, James A. Gardner Jun 2003

State Constitutional Rights As Resistance To National Power: Toward A Functional Theory Of State Constitutions, James A. Gardner

Journal Articles

In the American legal order, constitutional rights are conventionally understood to apply to and restrain the level of government created by the constitution in which those rights appear. Thus, individual rights in a lower-order constitution are understood to apply solely to the lower level government and to have no relevance to the actions of any higher level of government. This article challenges the conventional understanding by arguing that individual rights appearing in state constitutions can in many circumstances play a meaningful role in restraining the exercise of national power. Specifically, the identification and enforcement of state constitutional rights can serve …


Small Town Trash: A Model Comprehensive Solid Waste Ordinance For Rural Areas Of The United States, Kim Diana Connolly Jan 2003

Small Town Trash: A Model Comprehensive Solid Waste Ordinance For Rural Areas Of The United States, Kim Diana Connolly

Journal Articles

No abstract provided.