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State Constitutions

William & Mary Law Review

Articles 1 - 5 of 5

Full-Text Articles in Law

St. George Tucker And The Limits Of States' Rights Constitutionalism: Understanding The Federal Compact In The Early Republic, David Thomas Konig Feb 2006

St. George Tucker And The Limits Of States' Rights Constitutionalism: Understanding The Federal Compact In The Early Republic, David Thomas Konig

William & Mary Law Review

No abstract provided.


In A Federal Case, Is The State Constitution Something Important Or Just Another Piece Of Paper?, Randall T. Shepard Feb 2005

In A Federal Case, Is The State Constitution Something Important Or Just Another Piece Of Paper?, Randall T. Shepard

William & Mary Law Review

No abstract provided.


Whose Constitution Is It? Why Federalism And Constitutional Positivism Don't Mix, James A. Gardner Feb 2005

Whose Constitution Is It? Why Federalism And Constitutional Positivism Don't Mix, James A. Gardner

William & Mary Law Review

No abstract provided.


State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner Mar 2003

State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner

William & Mary Law Review

In the American constitutional tradition, federalism is commonly understood as a mechanism designed to institutionalize a kind of permanent struggle between state and national power. The same American constitutional tradition also holds that courts are basically passive institutions whose mission is to apply the law impartially while avoiding inherently political power struggles. These two commonplace understandings conflict on their face. The conflict may be dissolved for federal courts by conceiving their resistance to state authority as the impartial consequence of limitations on state power imposed by the United States Constitution. This reconciliation, however, is unavailable for state courts, which, by …


State Constitutional Law Processes, Robert F. Williams Feb 1983

State Constitutional Law Processes, Robert F. Williams

William & Mary Law Review

No abstract provided.