The Oklahoma State Constitution


Book Description

In 1907, William Jennings Bryan described the proposed constitution for Oklahoma as "The best constitution in the United States today." An enduring characteristic of Oklahoma's constitution has been its faith in direct democracy and its root in Progressive Era politics. The Oklahoma State Constitution traces the historical formation and constitutional development of the state of Oklahoma. In it, Danny Adkison and Lisa McNair Palmer provide article-by-article commentary and analysis on the intent, politics, social and economic pressures, and legal decisions that shaped and enhanced the Oklahoma constitution since it was adopted in 1907. This commentary provides a broad understanding of state constitutional law within the context of Oklahoma's constitutional evolution. A bibliographic essay and list of cases offer sources for further study. The second edition further discusses amendments to the state constitution that range from a state law legalizing medical marijuana (which passed) to amending the state's constitution to allow optometrists to operate in Wal-Mart stores (which did not pass). The book features new and updated citations of court decisions and Attorney General opinions on the interpretation of constitutional provisions with the latest cases available. 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 Lawrence Friedman of New England Law School, Boson, 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.







Federal Preemption of State and Local Law


Book Description

Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.




Oklahoma Legal Research


Book Description

Oklahoma Legal Research is the first book focused exclusively on how to research Oklahoma law. Oklahoma Legal Research examines resources and research methods for all types of Oklahoma primary law, secondary law, and practice materials; with chapters on researching Oklahoma statutory, regulatory, and case law. The book also includes a chapter on researching tribal law for Native American tribes located in Oklahoma; discusses how to do historical statutory research to locate the increasingly available legislative history materials for Oklahoma statutes; and covers resources and methods in both print and online formats, with visuals included to assist the researcher.This text has been written for legal researchers of various levels of experience and training. For those just learning the intricacies of legal research, it explains the basic processes and introduces the novice to the most important sources of Oklahoma and Native American tribal law. It also briefly discusses analogous materials in federal law, so that the less experienced researcher can better see the parallels between state and federal research.Experienced researchers will also benefit from having a text that brings together both print and online sources of Oklahoma law and that will assist them in determining which of those sources are better suited to accomplishing a particular research task.This book is part of the Legal Research Series, edited by Suzanne E. Rowe, Director of Legal Research and Writing, University of Oregon School of Law.
















Safeguarding Federalism


Book Description

Explains the dynamics of federalism in today’s policymaking process The checks and balances built into the U.S. Constitution are designed to decentralize and thus limit the powers of government. This system works both horizontally—among the executive, legislative, and judicial branches—and vertically—between the federal government and state governments. That vertical separation, known as federalism, is intended to restrain the powers of the federal government, yet many political observers today believe that the federal government routinely oversteps its bounds at the expense of states. In Safeguarding Federalism, John D. Nugent argues that contrary to common perception, federalism is alive and well—if in a form different from what the Framers of the Constitution envisioned. According to Nugent, state officials have numerous options for affecting the development and implementation of federal policy and can soften, slow down, or even halt federal efforts they perceive as harming their interests. Nugent describes the general approaches states use to safeguard their interests, such as influencing the federal policy, contributing to policy formulation, encouraging or discouraging policy enactment, participating in policy implementation, and providing necessary feedback on policy success or failure. Demonstrating the workings of these safeguards through detailed analysis of recent federal initiatives, including the 1996 welfare reform law, the Clean Air Act, moratoriums on state taxation of Internet commerce, and the highly controversial No Child Left Behind Act, Nugent shows how states’ promotion of their own interests preserves the Founders’ system of constitutional federalism today.