American federalism has produced curious and potentially significant differences in provisions for changing a constitution. Article V of the US Constitution provides for only two procedures for amendment, both of which are difficult, and none for replacement. Most state constitutions offer a variety of easier paths for both. Constitutions occupy the highest position in a hierarchy of law that also includes statutes, court decisions, and administrative rules and regulations. Revision is more vulnerable to political derailment than amendment because its greater breadth unites a broader coalition of opponents and because the contemporary revision process has more veto points and veto players. By comparison, amendments are, for legal, political, and institutional reasons, more limited in sc...
... others, like Utah, New Mexico, and California, require that a commission's revision proposals be...
... bythe Free Speech Clause of the First Amendment. As aconsequence, Vermont's statute must be s... from being used for constitutionally protectedpurposes, [i]t must assume the burden of ... only after an individualchoice, but a revision to that effect would not necessarilysave §4631(d)...S. 205,210-211 (1975); Cohen v. California, 403 U. S. 15, 21(1971). In any event the State...
... candidates, challenged the constitutionality of the matching ------ * Together with No. 10-23... ability to fully exercise their First Amendment rights. The District Court entered a perma...: This opinion is subject to formal revision before publication in thepreliminary print of the ...California, 274 U. S. 357,377 (1927) (Brandeis, J., concurrin...
SAN FRANCISCO -- Hundreds of protesters took to the streets Thursday over California's new ban on gay marriage, amid deepening political turmoil and legal confusion over who should have the right to wed. And hundreds more may converge on The Church of Jesus Christ of Latter-day Saints' Temple Square in downtown Salt Lake City tonight, according to event organizer Jacob Whipple.
... voters Tuesday approved a constitutional amendment disallowing gay marriage. The measure, w... ballot measure was actually a dramatic revision of the California Constitution rather than a simpl...
... in-school interview breached the Fourth Amendment's proscription on unreasonableseizures. The Distr... to rule on the merits of the constitutional claim so that officials would be on notice that th...: This opinion is subject to formal revision before publication in thepreliminary print of the ... See California v. Rooney, 483 . U. S. 307, 311 (1987) (per curiam...
...Unique among constitutional provisions, the clause prohibiting state abridgeme...California four Justices were prepared to rely on the clause... committed by them, through boards of revision or equalization, sitting at designated periods pro...
... (JPL), which is operated by the California Instituteof Technology (Cal Tech). Respondents wer...-check process violates a constitutional right to informationalprivacy. The District Court ...: This opinion is subject to formal revision before publication in thepreliminary print of the ... to access their records and request amendments to them. §§552a(d)(1),(2). Subject to certain ex...
... to all: Article V provides that amendments to the Constitution may be proposed either by two-... subject to the convention's reversal or revision. Congress may issue the invitation to the party--n...Paulsen, Article V, supra, at 766. . California . California's light remains "on" for a constituti...
... for the next generation of state constitutional law practitioners and scholars. The U.S. Constitut... an overview of the state constitutional-revision process (another interesting contrast to the U.S. ... to warrantless searches than the Fourth Amendment of the U.S. Constitution. (23) Such criteria inclu... disputes over same-sex marriage in California and Oregon remind us, other branches of government...
... well the Speech Clause of the First Amendment. Toshow that an employer interfered with rights u...v. NLRB,461 U. S. 731, 741 (1983); California Motor Transport Co. . v. Trucking Unlimited, 404... sound basis for granting greater constitutional protection to statements madein a petition . . ... protections are subject to legislative revision and can be designed for the unique needs of State,...
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