The Rhode Island state constitution 1st Edition by Patrick Conley, Robert Flanders 019977871X 9780199778713

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Product details:

ISBN 10: 019977871X 

ISBN 13: 9780199778713

Author: Patrick T. Conley, Robert G. Flanders

Rhode Island has a long history of constitutional governance. Beginning in 1636, Rhode Island’s constitution has been shaped by revolution, nation-building, tumult, and further changes wrought by everything from neo-liberalism to gay rights. The result has been a living document reflecting conflicting and changing values, making the Rhode Island constitution an essential resource for understanding the cultural history of this state. In The Rhode Island State Constitution Patrick T. Conley and Robert J. Flanders provide an outstanding constitutional and historical account of the state’s governing charter. In addition to an overview of Rhode Island’s constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of Rhode Island’s constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States.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 G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, 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.

Table of contents:

PART ONE: Rhode Island Constitutional Development, 1636–2006

The Colonial Era: to 1763

The Revolutionary Era: 1764–1790

The Early National Period: 1790–1840

The Dorr Rebellion and Its Aftermath: 1841–1854

The Republican Ascendancy: 1854–1935

The Bloodless Revolution and Its Aftermath: 1935–1939

The Democratic Ascendancy: 1940–1985

The Modern Era: 1986–2006

PART TWO: The Rhode Island Constitution and Commentary

Article I: Declaration of Certain Constitutional Rights and Principles

Section 1. Right to make and alter the constitution—Constitution obligatory upon all

Section 2. Laws for good of the whole—Burdens to be equally distributed—Due process—Equal prot

Section 3. Freedom of religion

Section 4. Slavery prohibited

Section 5. Entitlement to remedies for injuries and wrongs—Right to justice

Section 6. Search and seizure

Section 7. Requirement of presentment or indictment—Double jeopardy

Section 8. Bail, fines, and punishments

Section 9. Right to bail—Habeas corpus

Section 10. Rights of accused in criminal cases

Section 11. Relief of debtors from prison

Section 12. Ex post facto laws—Laws impairing the obligation of contract

Section 13. Self-incrimination

Section 14. Presumption of innocence—Securing accused persons

Section 15. Trial by jury

Section 16. Compensation for taking private property for public use—Regulation of fishery rights a

Section 17. Fishery rights—Privileges of the shore—Conservation of natural resources—Preservat

Section 18. Subordination of the military to civil authority

Section 19. Quartering of soldiers

Section 20. Freedom of the press

Section 21. Right to assemble and petition—Freedom of speech

Section 22. Right to bear arms

Section 23. Rights of victims of crime

Section 24. Rights not enumerated—State rights not dependent on federal rights

Article II: Of Suffrage

Section 1. Persons entitled to vote

Section 2. Nominations, voter registration, and voting procedures

Article III: Of Qualification for Office

Section 1. Civil office—Qualified electors

Section 2. Disqualification upon conviction or plea of nolo contendere—Requalification following s

Section 3. Oath of general officers

Section 4. Oath of General Assembly members, judges, and other officers

Section 5. Method of administering the oath of office

Section 6. Holding of offices under other governments—Senators and representatives not to hold oth

Section 7. Ethical conduct

Section 8. Ethics commission—Code of ethics

Article IV: Of Elections and Campaign Finance

Section 1. Election and terms of governor, lieutenant governor, secretary of state, attorney general

Section 2. Election by plurality

Section 3. Filling vacancy by the General Assembly when elected officers cannot serve—Election whe

Section 4. Temporary appointment to fill vacancies in the office of secretary of state, attorney gen

Section 5. Special elections to fill General Assembly vacancies

Section 6. Elections in grand committee—Majority vote—Term of elected official

Section 7. Elections in grand committee—Quorum—Permitted activities

Section 8. Voter registration lists

Section 9. Reports of campaign contributions and expenses

Section 10. Limitations on campaign contributions—Public financing of campaign expenditures of gen

Article V: Of the Distribution of Powers

Article VI: Of the Legislative Power

Section 1. Constitution the supreme law of the state

Section 2. Power vested in the General Assembly—Concurrence of houses required to enact laws—Sty

Section 3. Sessions of the General Assembly—Compensation of General Assembly members and officers

Section 4. Restriction on General Assembly members’ activities as counsel

Section 5. Immunities of General Assembly members

Section 6. Election and qualification of General Assembly members—Quorum and organization of house

Section 7. Rules of the houses—Contempt

Section 8. House journals

Section 9. Adjournment of houses

Section 10. Residual powers (repealed in 2005)

Section 11. Vote required to pass local or private appropriations

Section 12. Property valuations for tax assessments

Section 13. Continuance in office until successors qualify

Section 14. General corporation laws

Section 15. Lotteries

Section 16. Borrowing power of the General Assembly

Section 17. Borrowing in anticipation of receipts

Section 18. Redevelopment powers

Section 19. Taking of property for highways, streets, places, parks, or parkways

Section 20. Local off-street parking facilities

Section 21. Emergency powers in case of enemy attack

Section 22. Referendum on the expansion of gambling

Article VII: Of the House of Representatives

Section 1. Composition

Section 2. Officers—Presiding member during organization

Article VIII: Of the Senate

Section 1. Composition and apportionment

Section 2. Lieutenant governor to be presiding officer until 2003

Section 3. Presiding officer in absence of lieutenant governor (repealed)

Section 4. Secretary of state to be secretary of the senate (repealed)

Article IX: Of the Executive Power

Section 1. Power vested in the governor

Section 2. Faithful execution of laws

Section 3. Captain general and commander in chief of military and navy

Section 4. Reprieves

Section 5. Powers of appointment

Section 6. Adjournment of the General Assembly

Section 7. Convening of special sessions of the General Assembly

Section 8. Commissions and the state seal

Section 9. Vacancy in the office of the governor

Section 10. Vacancies in offices of both the governor and lieutenant governor

Section 11. Compensation of the governor and lieutenant governor

Section 12. Powers and duties of the secretary of state, attorney general, and general treasurer

Section 13. Pardons

Section 14. Veto power of governor—Veto overrides by General Assembly—Acts effective without act

Section 15. State budget

Section 16. Limitation on state spending

Section 17. Budget reserve account

Article X: Of the Judicial Power

Section 1. Power vested in the courts

Section 2. Jurisdiction of the supreme and inferior courts—Quorum of the supreme court

Section 3. Advisory opinions by the supreme court

Section 4. Judicial selection

Section 5. Tenure of supreme court justices

Section 6. Compensation for justices of the supreme court

Section 7. Wardens and justices of the peace

Article XI: Of Impeachments

Section 1. Power of impeachment by the House

Section 2. Impeachment trial by the senate

Section 3. Governor, executive officers, judges liable to impeachment—Grounds for impeachment

Article XII: Of Education

Section 1. Duty of the General Assembly to promote public schools and public libraries and to secure

Section 2. Perpetual school fund

Section 3. Educational donations

Section 4. Implementation of this article—Diversion of funds prohibited

Article XIII: Home Rule for Cities and Towns

Section 1. Right of self-government in local matters

Section 2. Local power to adopt home rule charter in conformity with reserved powers of the General

Section 3. Every city and town shall have a legislative body

Section 4. General laws apply to allcities and towns but shall not affect the form of government—S

Section 5. Local taxing and borrowing power only as authorized by the General Assembly

Section 6. Procedures for the adoption of a home rule charter

Section 7. Vote on charter adoption

Section 8. Amendments to a home rule charter

Section 9. Filing of charter petition with local legislative body

Section 10. Certification of charter adoption

Section 11. No diminution of the power of the judiciary

Article XIV: Constitutional Amendments and Revisions

Section 1. Amendment process

Section 2. Procedures for the call of a constitutional convention

Article XV: General Transition

Section 1. What remains in full force and effect

Section 2. What continues to be valid

Section 3. All officers to continue the duties of their office

Section 4. Implementing legislation required

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