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In Part III, the general approach to state constitutional separation/distribution of powers and checks and balances will be considered. There are virtually no enforceable federal requirements regulating how the states structure their governments and distribute powers within them. None of the federal separation of powers doctrines apply to the states. Further, there is substantial variation among the states as to how governmental power is distributed within them. As a consequence, state separation of powers issues should be resolved in the context of that particular state’s governmental arrangements. A general introduction is followed by chapters on the three branches, each of which differs in important ways from the federal executive, legislative, and judicial branches.

This chapter explores the evolution of state constitutions following ratification of the United States Constitution. The chapter addresses the extent to which the federal experience influenced state constitution making. It includes discussion of issues like statehood and state constitutions, as well as the general and recurring concerns of state constitutional evolution over time. The chapter addresses the extent to which states relied upon other state constitutions as models for their own charters, as well as the development of state constitution-making processes. Finally, the chapter considers post-Reconstruction state constitutions and concludes with an examination of continuing state constitutional issues and the phenomenon of state constitutional epics.

Part I introduces the characteristics of state constitutions and situates state constitutions as real constitutions, interconnected and operating in tandem with the U.S. Constitution but different in important respects from the federal model. This part also addresses the development of the early state constitutions and their influence on the development of the federal Constitution, with particular focus on the alternative and potentially unfamiliar visions of constitutional design. Part I details the evolution of state constitutions, which are easier to amend, and the federal influence on that evolution. Finally, it reviews the limits the federal law imposes on state constitutions, discussing the ways in which the federal and state constitutions are interconnected but not equal.

Part II covers the New Judicial Federalism, the development of state court interpretations of some state constitutional rights provisions to be more protective than the same or similar federal constitutional provisions as interpreted by the U.S. Supreme Court. The New Judicial Federalism has been the driving force in the increased interest in, and relevance of, state constitutions in the past several generations. Because state constitutional interpretation in rights cases has been so dominated by concerns over whether state courts should follow or diverge from federal constitutional doctrine, this part treats these issues separately from more general interpretation issues. This part focuses on techniques of analysis in the very important area of America’s dual enforcement of constitutional norms, with examples drawn from many state courts.

This chapter covers both the founding decades of the republic and the early state constitutional experiments that occurred in those decades. As an initial matter, the chapter explores the first and second waves of state constitution making following the American Revolution and the legacies of each wave in the states. The chapter also addresses the phenomenon of legislative dominance in many states, as well as the development of separation of powers principles in state constitutions and the influence of state constitution making on the framers of the U.S. Constitution as they sought to develop the design of the federal constitution.

This chapter explores the mistaken premise underlying the perception of the power of decisions of the U.S. Supreme Court interpreting individual rights under the federal Constitution. It addresses the legitimacy of independent state constitutional decision-making before turning to issues of teaching and sequencing regarding state constitutional interpretive methodologies. The chapter examines the criteria approach to state constitutional interpretation and the search for factors justifying divergence from federal precedent. It canvasses the state experience with the criteria approach in Washington, New Jersey, Pennsylvania, Illinois, and Connecticut. The chapter employs two cases studies of state court use of the criteria approach in New Jersey and Washington, in the context of garbage search cases. The chapter critiques the criteria approach and addresses the continuing legitimacy and methodology debates and other procedural issues associated with the New Judicial Federalism. Finally, the chapter looks at substantive due process and economic regulation under state constitutions.

The epilogue addresses two potential developments for state constitutional law in the near future. First, the chapter considers a possible next stage of the new judicial federalism in light of the U.S. Supreme Court’s current turn toward originalism and rights-maximalism in areas like free expression and free exercise under the First Amendment. The epilogue also looks at the future of substantive state constitutional amendments, with particular attention to the ways in which advocates are relying upon state constitutional amendment processes rather than litigation as a fulcrum for the development of state constitutional law.

This chapter explores state court adoption of federal constitutional doctrine and the forms of lockstepping state and federal constitutional analyses. It addresses judicial approaches to the adoption of federal constitutional doctrine as a matter of state constitutional law, including examination of the phenomena of unreflective adoptionism; reflective, case-by-case adoptionism; and varieties of prospective lockstepping. The chapter looks specifically at efforts to lockstep equality doctrine by focusing on state constitutional equality provisions and the interpretation of these provisions by state courts. The chapter critiques the practice of prospective lockstepping and concludes by asking whether the practice reflects a considered judicial strategy.

This chapter addresses the extent to which state judiciaries have involved themselves in the processes of state constitutional amendment and revision in particular states, and the ways in which the courts have both invited and rejected such involvement. As well, the chapter considers and examines the processes of lawmaking by constitutional amendment and the phenomenon of constitutional legislation. Finally, this chapter turns to an examination of the various procedural limits on state constitutional change. This discussion includes an analysis of the distinction, in state constitutional terms, between constitutional amendment and constitutional revision, as well as the distinction between single-subject and separate vote requirements.

This chapter covers the design and features of the legislative branch under state constitutions. In regard to the nature of the legislative power, it discusses the distinctions between state and federal constitutional law and the scope of the legislative power and challenges to that power, and highlights the legislature’s plenary authority. The chapter explores the nontextual boundaries of legislative power and the procedural restrictions, such as the single-subject rule. The chapter discusses judicial enforcement of legislative procedure provisions, such as the enrolled bill rule and its permutations, the journal entry rule, and the extrinsic evidence rule. It addresses limitations on special and local laws , the role of local government under state constitutions, supermajority voting requirements, retroactive statutes, direct legislation, the legislative veto, and legislative redistricting.

This chapter examines the ways in which federal law may impose constraints on state constitutions and state constitutional development. Specifically, this chapter explores some of the limits imposed by the U.S. Constitution; these limits include both the possibility of preemption and the constraints on state constitutional law that might be imposed by federal statutes and regulations pursuant to the Supremacy Clause. The chapter also examines the limits and constraints that may be imposed by state enabling acts when new states joined the union. Finally, the chapter concludes by addressing the effects and consequences of federal law invalidation of state constitutional provisions.

Part V surveys the range of methods and processes for change in the texts of state constitutions—both individual amendments and more comprehensive revisions. Each of these processes differs from the others and also produces different kinds of constitutional history materials that remain available for the interpretation process. In addition, amending and revising state constitutions often leads to litigation over these processes. This leads to a substantial judicial involvement in the processes of state constitutional amendment and revision that generates a number of legal doctrines that must be taken into account; similar doctrines are virtually nonexistent in federal constitutional law. The use of state constitutional amendments as elements of governance has become more common in the states.

Part IV surveys the range of interpretation issues that arise in state constitutional law, with a specific focus on those that arise from the unique nature of state constitutions. There are, of course, similarities to other forms of textual interpretation, particularly statutory interpretation. This part highlights the contrasts with federal constitutional law and refers to judicial opinions to illustrate various interpretation approaches, relying upon decisions that allow readers to study the specific contexts of the cases and compare them to the context with which they are currently concerned. This part reflects cases discussing interpretation techniques from the past three decades and highlights relatively recent cases, as the goal is to present current techniques. Through these more recent cases, readers can elaborate the specific technique, in a particular state, by tracing the judicial decisions on the point back through time.

This chapter covers several matters related to the nature and scope of gubernatorial and executive power under state constitutions. The nature and scope of this power are examined in contrast to the power that may be exercised by legislatures under state constitutions. The concepts associated with gubernatorial and executive power that are addressed include such matters as the nature and extent of the gubernatorial veto, and the extent to which under a state constitution a governor enjoys some form of executive privilege. In addition, the chapter addresses state constitutional agencies and officers, state administrative agencies, and the various functions of each kind of agency.

This chapter examines the work of state supreme courts and their development, in comparison to the institutional role of the U.S. Supreme Court in the federal system. The chapter covers the nature of the judicial power, judicial review, judicial selection, the rules of practice and procedure, the regulation of practice and procedure, the regulation of the practice of law, the inherent powers of the courts, and advisory opinions and certified questions. The chapter concludes with a discussion of the position and function of the state judiciary in the state constitutional scheme of government, and the ways in which the position and function of the state judiciary differ from their federal counterpart.

The second edition of The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Drawing on examples from specific states, Professors Williams and Friedman analyze the nature and function of state constitutions in contrast to the federal Constitution, including rights, separation of powers, issues of interpretation, and the processes for amendment and revision. In this edition, the authors focus on recent developments, including the state constitutional dimensions of same-sex marriage and the reaction of state courts to U.S. Supreme Court decision-making. This edition of The Law of American State Constitutions remains an important analytical tool that explains the unique character and the range of interpretive approaches to these constitutions. It covers the structure of state governments under state constitutions, as well as the distribution of powers among the legislative, executive, and judicial branches. Like the first edition, this edition presents a complete picture of state constitutional law and the attributes and features that make this body of law so distinctive.

Nuclear magnetic resonance (NMR) spectroscopy routinely characterizes the unique spin systems of molecules using a combination of chemical shift and J-coupling interactions for the

We report a critical advance in the generation and characterization of peptoid hetero-oligomers. A library of sub-monomers with amine and carboxylate side-chains are combined in different sequences using microwave-assisted synthesis. Their sequence-structure propensity is confirmed by circular dichroism, and conformer subtypes are enumerated by NMR. Biasing the ψ-angle backbone to trans (180°) in Monte Carlo modelling favors i to i + 3 naphthyl-naphthyl stacking, and matches experimental ensemble distributions. Taken together, high-yield synthesis of heterooligomers and NMR with structure prediction enables rapid determination of sequences that induce secondary structural propensities for predictive design of hydrophilic peptidomimetic foldamers and their future libraries.

A new method for measurement of elemental analysis by nuclear magnetic resonance (NMR) of unknown samples has been discussed here as a quick and robust means to measure elemental ratios without the...

We report a critical advance in the generation and characterization of peptoid hetero-oligomers. A library of sub-monomers with amine and carboxylate side-chains are combined in different sequences using microwave-assisted synthesis. Their sequence-structure propensity is confirmed by circular dichroism, and conformer subtypes are enumerated by NMR. Biasing the

The development of efficient catalysts and processes for synthesizing functionalized (olefinic and/or chiral) primary alcohols and fluoral hemiacetals is currently needed. These are valuable buildi...

This article examines source-path-goal image-schematic structure in gestures used to solve counting problems (gesture for thinking) and to teach children how to read a clock (gesture for teaching). The analyses illustrate how path schemas inherent in idealized cognitive models are exhibited in gesture forms and in gesture sequences and combinations, manifesting conceptual content beyond that articulated in speech. While at times the path structure is incidental, enacting part of a cognitive model that is not the focus of discourse, at other times the path structure is essential, in that listeners must perceive the source-path-goal structure in the gesture in order to construct the proper understanding. The examples support the view that image schemas at the heart of cognitive models partly motivate and structure gestures for cognitive and communicative purposes, and that listener attunement to this structure contributes to intersubjective understanding and the perpetuation of cultural practices for distributed cognition.

We report the

Chemical analysis via nuclear magnetic resonance (NMR) spectroscopy using permanent magnets, rather than superconducting magnets, is a rapidly developing field. Performing the NMR measurement in the strong heteronuclear J-coupling regime has shown considerable promise for the chemical analysis of small molecules. Typically, the condition for the strong heteronuclear J-coupling regime is satisfied at &micro, T magnetic field strengths and enables high resolution J-coupled spectra (JCS) to be acquired. However, the JCS response to systematic chemical structural changes has largely not been investigated. In this report, we investigate the JCS of C6H6&minus, xFx (x = 0, 1, 2, &hellip, 6) fluorobenzene compounds via simultaneous excitation and detection of 19F and 1H at 51.5 &micro, T. The results demonstrate that JCS are quantitative, and the common NMR observables, including Larmor frequency, heteronuclear and homonuclear J-couplings, relative signs of the J-coupling, chemical shift, and relaxation, are all measurable and are differentiable between molecules at low magnetic fields. The results, corroborated by ab initio calculations, provide new insights into the impact of chemical structure and their corresponding spin systems on JCS. In several instances, the JCS provided more chemical information than traditional high field NMR, demonstrating that JCS can be used for robust chemical analysis.

A new method for measurement of elemental analysis by nuclear magnetic resonance (NMR) of unknown samples is discussed here as a quick and robust means to measure elemental ratios without the use of internal or external calibration standards. The determination of elemental ratios was done by normalizing the signal intensities by the frequency dependent quality factor (