Equality and Liberty in the Golden Age of State Constitutional Law
The rise of the New Judicial Federalism movement in the 1970s marked a sea-change in the history of state constitutional law by shifting the focus of power away from the central government in ways that had not occurred since the Equal Protection Clause was enacted in 1868. With New Judicial Federalism, many states rediscovered that they were empowered to enact their own constitutions and to interpret them as they saw fit, which enabled states to recognize civil rights and liberties beyond those recognized under the Federal Constitution. Equality and Liberty in the Golden Age of State Constitutional Law closely examines the evolution of the rights of liberty and equality under state constitutions from both a historical and jurisprudential perspective. In it, Professor Jeffrey M. Shaman explains that as New Judicial Federalism gained ground, state constitutional law became an important source for the protection of individual rights and liberties. States have since expanded the right of the citizen well beyond the limits of federal law by striking down laws that led to de facto segregation in public schools, discriminated against women, or allocated public benefits inequitably. State courts were the first to recognize a right of intimate association, spurring the U.S. Supreme Court to follow suit. Equality and Liberty in the Golden Age of State Constitutional Law is essential reading for anyone interested in this manifestation of law that has developed beyond the purview of national attention and in the resulting evolution of power in U.S. constitutional law.
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
abortion adopted Alaska autonomy benefits and protections Bowers Chapter civil union classifications based Commonwealth Const constitutional law constitutional provisions constitutional right constitutionality court concluded court explained court ruled Court’s decision criminal denied discrimination Due Process Clause education article Equal Protection Clause Equal Rights Amendment equality provisions expressly Federal Constitution Federal Equal Protection federal model Fourteenth Amendment fundamental right Goodridge Gryczan guarantee of equal Health high court homosexual individual’s intermediate scrutiny interpreted Iowa Judicial Federalism Justice Kentucky legislation legislature lesbian liberty marriage law married Massachusetts minimal scrutiny one’s Oregon parents Pavesich persons physician-assisted suicide procreation racial racial segregation rational basis review rationality review recognized right of intimate right of privacy same-sex couples same-sex marriage School District sexual orientation state’s statute strict scrutiny struck Sundquist supra note 34 Supreme Court suspect classification tion treatment United States Supreme upholding violated Wasson