Jump to ContentJump to Main Navigation
Looking for Rights in All the Wrong PlacesWhy State Constitutions Contain America's Positive Rights$
Users without a subscription are not able to see the full content.

Emily Zackin

Print publication date: 2013

Print ISBN-13: 9780691155777

Published to Princeton Scholarship Online: October 2017

DOI: 10.23943/princeton/9780691155777.001.0001

Show Summary Details
Page of

PRINTED FROM PRINCETON SCHOLARSHIP ONLINE (www.princeton.universitypressscholarship.com). (c) Copyright Princeton University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in HSO for personal use (for details see http://www.universitypressscholarship.com/page/privacy-policy).date: 17 July 2018

Of Ski Trails and State Constitutions

Of Ski Trails and State Constitutions

Silly Details or Serious Principles?

Chapter:
(p.18) Chapter 2 Of Ski Trails and State Constitutions
Source:
Looking for Rights in All the Wrong Places
Author(s):

Emily Zackin

Publisher:
Princeton University Press
DOI:10.23943/princeton/9780691155777.003.0002

This chapter examines why state constitutions have been so widely criticized and consistently excluded from descriptions of America's constitutional tradition. It seems that the people who wrote the state constitutions failed to grasp the purpose and the nature of constitutional law. Their recognizable features are surrounded, even engulfed, by hundreds of mundane administrative details. Indeed, many state constitutions contain provisions about policy choices as detailed as the construction of ski trails. In order to recognize the principled nature of state constitutionalism, the chapter analyzes the ubiquitous assumptions about “higher lawmaking” and states' idiosyncrasies that have animated its critics. It explores whether we should really revise our conception of American constitutional rights based solely on the state constitutions' (highly detailed) contents. It argues that the criticisms leveled against state constitutions are misplaced and demonstrates that they are actually constitutional.

Keywords:   state constitutions, constitutional law, ski trails, constitutional rights, state constitutionalism, higher lawmaking

Princeton Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.