The Revision And Amendment of State Constitutions Electronic Resource
The Revision And Amendment of State Constitutions Electronic Resource
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, 412. 2i9Lochner v. New York, 198 U. S. , 45.
220 Knoxville Iron Company v. Harbison, 183 U. S. , 13.
221 The above example is an actual one. See In re Morgan, 26 Colo. , 415; Holden v. Hardy, 169 U. S. , 366; and Freund's Police Power, AMENDME'NT OF CONSTITUTIONS 243 The state courts thus possess what is practically an ab- solute veto on state statutory legislation, and on state con- stitutional provisions which have not already been approved in substance by the Supreme Court of the United St...ates. By introducing legislation into their constitutions the states will, however, be free to act in the fields within which legis- lation has already been upheld by the Supreme Court of the United States. Only legislation which has been passed upon by the highest federal court may be safely introduced into state constitutions for the purpose of overcoming state judicial decisions.
Because of the fact that the amending process is free from many of the restrictions imposed upon ordinary legis- lation, and, to a certain extent also, because they have been directly approved by the people, amendments are less apt to be annuled by the state courts than are ordinary laws, Too much weight, however, must not be given to this dis- tinction.
What to read after The Revision And Amendment of State Constitutions Electronic Resource?
You can find similar books in the "Read Also" column, or choose other free books by Walter Fairleigh Dodd to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
, 412. 2i9Lochner v. New York, 198 U. S. , 45.
220 Knoxville Iron Company v. Harbison, 183 U. S. , 13.
221 The above example is an actual one. See In re Morgan, 26 Colo. , 415; Holden v. Hardy, 169 U. S. , 366; and Freund's Police Power, AMENDME'NT OF CONSTITUTIONS 243 The state courts thus possess what is practically an ab- solute veto on state statutory legislation, and on state con- stitutional provisions which have not already been approved in substance by the Supreme Court of the United St...ates. By introducing legislation into their constitutions the states will, however, be free to act in the fields within which legis- lation has already been upheld by the Supreme Court of the United States. Only legislation which has been passed upon by the highest federal court may be safely introduced into state constitutions for the purpose of overcoming state judicial decisions.
Because of the fact that the amending process is free from many of the restrictions imposed upon ordinary legis- lation, and, to a certain extent also, because they have been directly approved by the people, amendments are less apt to be annuled by the state courts than are ordinary laws, Too much weight, however, must not be given to this dis- tinction.
What to read after The Revision And Amendment of State Constitutions Electronic Resource?
You can find similar books in the "Read Also" column, or choose other free books by Walter Fairleigh Dodd to read onlineMoreLess
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