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Author: James L. Underwood Publisher: Univ of South Carolina Press ISBN: 9780872498334 Category : Law Languages : en Pages : 460
Book Description
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.
Author: James L. Underwood Publisher: Univ of South Carolina Press ISBN: 9780872498334 Category : Law Languages : en Pages : 460
Book Description
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.
Author: Cole Blease Graham Publisher: ISBN: 0199778302 Category : Law Languages : en Pages : 294
Book Description
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.
Author: Publisher: ISBN: Category : Languages : en Pages : 10
Book Description
A letter to report the accuracy of the interest rate determination as reported by the governor of the Rural Telephone Bank and as required by the Rural Electrification Act of 1936.
Author: James Lowell Underwood Publisher: Univ of South Carolina Press ISBN: 1643362356 Category : History Languages : en Pages : 312
Book Description
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.
Author: Goodwin Liu Publisher: Oxford University Press ISBN: 0199752834 Category : Law Languages : en Pages : 274
Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: James L. Underwood
Author: James L. Underwood
Author: Cole Blease Graham
Author: North Carolina
Author: James L. Underwood
Author: James L. Underwood
Author: Francis R Doyle
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Author: James Lowell Underwood
Author: Joseph Story
Author: Goodwin Liu