Interpreting Florida's Constitution

Interpreting Florida's Constitution PDF

Author: Patrick John McGinley

Publisher:

Published: 2017-12-19

Total Pages:

ISBN-13: 9781389110306

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This law school casebook analyzes the Constitution of the State of Florida. It begins with the idea of a state being a "laboratory of democracy" where rights may be expanded or invented within the minimum requirements of the federal constitution. It explores the question of how a state constitution can produce its own jurisprudence in light of the supremacy of the United States Constitution. It outlines the canons of construction for the Florida Constitution. It introduces the concept that a state constitution can be a source of heightened civil liberties and fundamental rights. It explores this issue in greater detail by using the Florida Constitution as an example. It identifies Florida Constitutional rights without an exact parallel to those in the text of the US Constitution and asks whether Florida has taken its own path in interpreting or implementing the identified constitutional rights. It introduces rights enumerated in the text of the Florida Constitution that are not embodied in the text of the US Constitution. In so doing, it compares Florida's approach to those of other state constitutions. It addresses the familiar refrain that unlike the federal constitution a state's constitution is a restriction upon power not a grant of power. It looks at state constitutional criminal procedure by examining the ancient origin of the jury and the recent origin of Florida criminal procedure. Finally, it examines the US Supreme Court's acceptance of a state's inherent police power, and state-by-state differences in zoning and nuisance law, so as to better understand how eminent domain and inverse condemnation may differ under state constitutions such as Florida's. Paperback, approx. 354 pages.

The Florida State Constitution

The Florida State Constitution PDF

Author: Talbot DAlemberte

Publisher: Oxford University Press

Published: 2011-03-14

Total Pages: 230

ISBN-13: 0199877823

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With an introduction that traces the long constitutional history of Florida, Talbot DAlemberte provides a thorough understanding of Floridas state constitutional history. He includes an in-depth, article-by-article 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 Floridas 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 states 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.

The Florida State Constitution

The Florida State Constitution PDF

Author: Talbot D'Alemberte

Publisher: Oxford University Press

Published: 2017

Total Pages: 431

ISBN-13: 0190464062

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With an introduction that traces the long constitutional history of Florida, Talbot D'Alemberte provides a thorough understanding of Florida's state constitutional history. He includes an in-depth, article-by-article 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 Florida's constitution. This second edition provides analysis of Florida's State Constitution with updated commentary focusing on the many court decisions rendered since the 1990s, summarizing the state's current jurisprudence and the increasing use of Florida's many methods of Constitution Amendment, including initiative, Legislative, Constitution Revision Commission and Tax and Budget Reform Commission adopted proposals. 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.

Interpreting Florida's Constitution, 2019 Trial Edition

Interpreting Florida's Constitution, 2019 Trial Edition PDF

Author: Patrick John McGinley

Publisher:

Published: 2019-07-21

Total Pages: 644

ISBN-13: 9781513652672

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This 2019 update of a popular law school casebook analyzes the Constitution of the State of Florida. It begins with the idea of a state being a "laboratory of democracy" where rights may be expanded or invented within the minimum requirements of the federal constitution. It explores the question of how a state constitution can produce its own jurisprudence in light of the supremacy of the United States Constitution. It outlines the canons of construction for the Florida Constitution. It introduces the concept that a state constitution can be a source of heightened civil liberties and fundamental rights. It explores this issue in greater detail by using the Florida Constitution as an example. It identifies Florida Constitutional rights without an exact parallel to those in the text of the US Constitution and asks whether Florida has taken its own path in interpreting or implementing the identified constitutional rights. It introduces rights enumerated in the text of the Florida Constitution that are not embodied in the text of the US Constitution. In so doing, it compares Florida's approach to those of other state constitutions. It addresses the familiar refrain that unlike the federal constitution a state's constitution is a restriction upon power not a grant of power. It looks at state constitutional criminal procedure by examining the ancient origin of the jury and the recent origin of Florida criminal procedure. Finally, it examines the US Supreme Court's acceptance of a state's inherent police power, and state-by-state differences in zoning and nuisance law, so as to better understand how eminent domain and inverse condemnation may differ under state constitutions such as Florida's. Hardbound, approx. 630 pages. Current as of July 21, 2019.

Florida Constitutional Law

Florida Constitutional Law PDF

Author: John Frederick Cooper

Publisher:

Published: 2001

Total Pages: 942

ISBN-13:

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Florida Constitutional Law, a casebook used throughout Florida since 1992, is now available in a new edition. This new edition updates, deepens, and refines its focus on an array of state constitutional points. The chapters include the functions of a state constitution and how the Florida constitution is amended; separation of power issues; the major constitutional limits on legislative power; the constitutional jurisdiction of the Florida courts, as well as the separation of powers limits on the courts that resemble the article III limits on federal judicial power; units of local government and their relationship to the state and each other; the major constitutional limitations on taxation and borrowing; a selected review of various sections of the Florida constitution's declaration of rights, including Florida's privacy guarantee (which is far more extensive than privacy under the United States Constitution), and Florida's homestead provision. The third edition retains the same clear organizational scheme as the first two. Although principally a casebook, the cases are stitched together with both text and problem sets. Four basic changes have been made: the depth of coverage has been increased; more explanatory text has been added to link the major edited cases together; additional chapter subheadings have been added; and new cases have been substituted for older ones.

Florida Constitutional Law

Florida Constitutional Law PDF

Author: John Frederick Cooper

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9781611630848

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To order a paperback version of this casebook, please click here. Florida Constitutional Law, a casebook used in Florida since 1992, is now in its fifth edition. Authors Cooper, Dunham and Woody include the functions of a state constitution and how the Florida constitution is amended; separation of power issues; the major constitutional limits on legislative power; the constitutional jurisdiction of Florida courts, as well as the separation of powers limits on the courts that resemble the Article III limits on federal judicial power; units of local government and their relationship to the state and each other; the major constitutional limitations on taxation and borrowing; a selected review of various provisions of the Declaration of Rights, including Florida's privacy guarantee (which is far more extensive than privacy under the United States Constitution); and Florida's homestead provision. The authors have made this edition more user friendly than the fourth edition and have created an accompanying teacher's manual. The 2013 Electronic Supplement to this text is available to adopters upon request. The supplement includes 14 practice problems, along with discussion points, that can be used to enhance student synthesis and legal analysis, as well as sample syllabi. If you have adopted the book for a course, contact [email protected] to request the supplement. Please include in the email the school and name of the course for which you have adopted this book.

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