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77 books match the query 'States' and 3 start with b

cover of Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters

Baby Ninth Amendments

How Americans Embraced Unenumerated Rights and Why It Matters

Anthony B. Sanders

University of Michigan Press, 2023

Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an "etcetera clause." It states that there are other rights beyond those specifically listed: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, two-thirds of state constitutions have equivalent provisions, or "Baby Ninth Amendments," worded similarly to the Ninth Amendment.

This book is the story of how the "Baby Ninths" came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated. They are an "etcetera, etcetera" at the end of a bill of rights. This book argues that state judges should do their duty and live up to their own constitutions to protect the rights "retained by the people" that these "etcetera clauses" are designed to guarantee. The fact that Americans have adopted these provisions so many times in so many states demonstrates that unenumerated rights are not only protected by state constitutions, but that they are popular. Unenumerated rights are not a weird exception to American constitutional law. They are at the center of it. We should start treating constitutions accordingly.

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cover of Before Roe: Abortion Policy in the States

Before Roe

Abortion Policy in the States

Rosemary Nossiff

Temple University Press, 2000

Few issues in contemporary U.S> politics have remained on the public agenda so long and so divisively as abortion policy. The landmark Supreme Court decision of Roe v. Waade, which held that laws prohibiting first trimester abortions were illegal because they violated a woman's right to privacy, still generates heated controversy today, a quarter of a century after it was made. The seeds of that controversy were sown in the seven years immediately preceding Roe, when state legislatures tried to reconcile religious opposition to abortion and individuals' civil liberties.

In this groundbreaking book, Rosemary Nossiff examines the force that shaped abortion policy during those years, and the ways in which states responded to them. To provide in-depth analysis while still looking broadly at the picture, she studies New York, which passed the  most permissive abortion bill in the country, and Pennsylvania, which passed one of the most restrictive. That these two states, which share similar demographic, political, and  economic characteristics, should reach two such different outcomes provides a perfect case study for observing political dynamics at the state level.

Nossiff examines the medical, religious, and legal discourses employed on both sides of the debate, as well as the role played by feminist discourse. She looks at the role of the political parties in the campaigns, as well as such interest groups as the National Council of Catholic Bishops, the Clergy Consultation Service, the National Organization for Women, and the National Association for the Repeal of Abortion Laws. In addition, she analyzes the strategies used by both sides, as well as partisan and institutionalized developments that facilitated success or failure. Finally, in the Epilogue, she assesses the Roe decision and its aftermath, including an analysis of the pro-life movement in Pennsylvania.

As the author remarks, "Without question people's positions on abortion are shaped by a myriad of social, moral, and economic factors. But ultimately abortion policy is shaped in the political arena. This book examines how one of the most intimate decisions a woman makes, whether to continue or terminate a pregnancy, has become one of the most politicized issues in contemporary American politics.
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cover of Bringing Representation Home: State Legislators among Their Constituencies

Bringing Representation Home

State Legislators among Their Constituencies

Michael A. Smith

University of Missouri Press, 2003

 “What is representation?” is a question that has been raised and discussed many times. In Bringing Representation Home, Michael A. Smith strays from the norm by asking instead, “How can we discover what representation is?” In pursuing the answer to this question, Smith focuses on what representation is in practice, not what it is in theory. Over the course of two legislative sessions, Smith interviewed and observed twelve state representatives in an effort to better understand and define their approaches to representation. He offers generalizations, but only after grounding his study in descriptions of representatives performing their jobs.
The twelve representatives are divided into four categories: Burkeans, in-district advocates, advocates beyond the district, and ombudspersons. Burkeans emphasize character and experience, advocates stress “socializing the conflict,” and ombudspersons underscore listening, responding, and compromising. Smith superbly builds his argument for this classification through an assortment of illustrative examples. He also makes a strong case that home style—the symbolic presentation that a representative makes at home in seeking political support from constituents—is a product of the interaction between the legislator’s personality and progressive ambition and the district’s characteristics and politics. Smith contends that the key to an effective representational strategy is for a representative to have not only an ideology that reflects the politics of his or her community, but also an understanding of the district’s interests, informed by interactions with organized constituencies at home.
            Smith helps personalize the legislators of this study, providing a balanced, realistic view. He also offers a new treatment of the representational roles concept, drawing on recent controversies in political science. In this context, he discusses works by Donald Searing, Richard Fenno, Burdett Loomis, and Malcolm Jewell, among others.
Because the nature of representation at the state level is such an important topic—one that will become even more important as state legislatures gain greater influence—Bringing Representation Home makes a vital contribution to political science literature. Written in an accessible and engaging style, this book will be of great interest to students and scholars of legislatures and state politics. 
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