Interpreting Florida's Constitution

Law Office of Patrick John McGinley, P.A.
Free sample

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.
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About the author

 Patrick John McGinley is an attorney licensed in Florida and the District of Columbia. He is an Adjunct Professor of Law at the Barry University Dwayne O. Andreas School of Law in Orlando, Florida.

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Additional Information

Publisher
Law Office of Patrick John McGinley, P.A.
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Published on
Dec 21, 2017
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Pages
458
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Language
English
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Genres
Law / Constitutional
Law / Government / State, Provincial & Municipal
Political Science / Constitutions
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Content Protection
This content is DRM protected.
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Read Aloud
Available on Android devices
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Eligible for Family Library

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Much has changed in the area of school law since the first edition of The Educator's Guide was published in 1986. Successive editions grew incrementally longer to keep abreast of legal developments. In this new eighth edition, the authors have streamlined the discussion by pruning older material and weaving in new developments. The result is an authoritative source on all major dimensions of Texas school law that is both well integrated and easy to read.

Intended for Texas school personnel, school board members, interested attorneys, and taxpayers, the eighth edition explains what the law is and what the implications are for effective school operations. It is designed to help professional educators avoid expensive and time consuming lawsuits by taking effective preventive action. It is an especially valuable resource for school law courses and staff development sessions.

The eighth edition begins with a review of the legal structure of the Texas school system. As Chapter 1 notes, education law is a complex interweaving of state and federal constitutional, statutory, administrative, and judicial law. It is important to understand the nature of the system before reading other sections.

Successive chapters address attendance and the instructional program, the education of children with special needs, employment and personnel, expression and associational rights, the role of religion in public schools, student discipline, open meetings and records, privacy, search and seizure, and legal liability under both federal and Texas law. In addition to state law, the book addresses the role of the federal government in school operation through such major federal legislation as the Americans with Disabilities Act, the Individuals with Disabilities Education Act, and the Family Educational Rights and Privacy Act.

Statute and case references are kept as simple as possible, and a complete index of case citations is included for those readers who wish to consult the cases themselves. The appendices describe how case law is reported and where to find it, along with a glossary of legal terms and a listing of other sources on Texas school law.

Have you ever had trouble understanding the United States Bill of Rights?

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In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it.

We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius.

Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president.

From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans.

We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election.

Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.
'A nation without a national government is an awful spectacle.' In the winter of 1787-8 a series of eighty-five essays appeared in the New York press; the purpose of the essays was to persuade the citizens of New York State to ratify the Constitution of the United States. The three authors - Alexander Hamilton, James Madison, and John Jay - were respectively the first Secretary of the Treasury, the fourth President, and the first Chief Justice of the Supreme Court in American history. Each had played a crucial role in the events of the American Revolution; together they were convinced of the need to weld thirteen disparate and newly-independent states into a union. Their essays make the case for a new and united nation, governed under a written Constitution that endures to this day. The Federalist Papers are an indispensable guide to the intentions of the founding fathers who created the United States, and a canonical text in the development of western political thought. This new edition pays full attention to the classical learning of their authors and the historical examples they deploy. ABOUT THE SERIES: For over 100 years Oxford World's Classics has made available the widest range of literature from around the globe. Each affordable volume reflects Oxford's commitment to scholarship, providing the most accurate text plus a wealth of other valuable features, including expert introductions by leading authorities, helpful notes to clarify the text, up-to-date bibliographies for further study, and much more.
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