By William Mclauchlan

ISBN-10: 0313292086

ISBN-13: 9780313292088

The single book-length research of the Indiana structure, this quantity offers a practical point of view of the formation and evolutionary swap of the constitution's provisions. The 1851 structure has built steadily on the grounds that its adoption, with not less than formal amendments, and the limitations on executive less than the unique act are glaring this present day. depending widely on country courtroom judgements and reasoning, this ebook illustrates the scattered and episodic edition of the constitutional language to present governmental wishes. It exhibits the constrained skill, imposed through the unique act, of the kingdom executive to make changes to fresh concerns and pressures. This paintings indicates the restrictions seriously political context, obvious within the unique record, can impose at the improvement and operation of a structure. The booklet develops a transparent define of the present that means of the provisions of the Indiana nation structure and offers the old and political context that debts for its improvement. The remedy presents readers with a correct, entire point of view at the which means of the Indiana structure.

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The supreme court decision in In re Denny (1900) exacerbated this state of limbo. The court, in regard to litigation arising from the failure to adopt the lawyers’ amendment, determined that the proposed amendments (the other provided for an increase in the size of the supreme court) were again neither rejected nor adopted, just as the seven 1880 amendments in State v. Swift. Rather, they were still pending, and had to either be removed from consideration by the legislature or resubmitted to the voters.

It is rare that a state court opinion interprets a section of the constitution in terms of constitutional theory or philosophy. Court decisions generally treat constitutional questions as narrow, restricted issues much like matters of statutory interpretation. The words of the constitution are treated as clear and definitive; the only issue involved is the application of those words to the case or the facts before the court. While that permits the constitution to function, a recognition of its broader dimensions might produce more understanding.

The first was the continuing election fraud problems produced by the lack of a residency requirement in the constitution. Voters could vote anywhere they chose in the state. There were few examples of mass migrations into or out of electoral districts because of the lack of residency requirements. However, cases of trucking in groups of voters and fraudulent acts such as duplicate voting appeared. Voters did not have the opportunity to consider these because the discussion did not produce proposed amendments.

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The Indiana State Constitution: A Reference Guide (Reference Guides to the State Constitutions of the United States) by William Mclauchlan


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