|
This is a very important book in the still-new area of state constitutional
studies, emphasizing the importance of the original records of state
constitutional conventions. Dinan notes that a general view of the
American constitutional tradition has been solely that of the federal
constitution, with virtually no consideration of the evolution of
state constitutions (2). The state constitutional tradition has
evolved along very different paths. This is an extremely important,
foundational element in understanding state constitutions. They
are not "little" versions of the federal constitution. Dinan's
book is based on a prodigious research project, which he has been
undertaking for many years and on which he has based earlier valuable
scholarship. He located the records of debates in 114 state constitutional
conventions between 1776 and 2005 (28) (listed in a valuable appendix).
Dinan studied all of these state constitutional debates and now
has distilled for us in an extremely readable form an analysis
of some of the key debates in American politics as played out
through state constitutions.
The book begins with an excellent
chapter on state constitutional conventions' consideration of
recording their debates for the future (controversial in some
states) and the mechanisms utilized to accomplish this. Dinan
notes the important fact that there are no extant debate records
for the first forty years of our history.
Dinan next analyzes the debates
to reveal the contending arguments concerning mechanisms of amendment
and revision; the basis of representation; separation of powers;
bicameralism, rights, and state involvement in citizens' character.
For each topic, he sets the stage for their analysis in the states
by outlining briefly the federal constitutional views and approaches
on the matter. The book covers the consideration of these central
topics both horizontally, across the states, and vertically, through
the history of our country. Such a project has, quite simply,
never even been attempted before.
Each issue discussed is analyzed
in a pro and con format to reflect the contending points of view
over time and across the states, followed by an explanation of
the prevailing outcome. The arguments are illustrated by well-chosen
quotes direct from the delegates' debates. Further, a number of
the chapters are divided into nineteenth- and twentieth-century
developments.
The chapter on amendment and revision
of state constitutions covers the debates over these processes
and the emerging view that they should be relatively flexible,
in obvious contrast to the federal constitution. The chapter on
representation covers the debates concerning popular participation
in the lawmaking process through various forms of initiative and
referendum. The chapter on separation of powers reflects the evolution
of the executive veto power and judicial review. The bicameralism
chapter traces the debates concerning an upper house through the
various periods in American history. The chapter on rights concerns
debates over workers' rights, union rights, and social, economic,
and environmental rights. Finally, the chapter on citizen character
evaluates the debates concerning the state governmental role in
education (public aid to religious schools and compulsory education),
gambling, and liquor control.
It is true that the state constitutions
are all somewhat different from each other, but, as Dinan has
demonstrated, they all reflect the political struggles during
their adoption over the core fundamentals of our state political
systems. These matters can be analyzed and discussed on an "all-states"
basis, taking into account the distinctions among various state
approaches.
Dinan chose certain key topics,
but others could also be analyzed in the same way. He therefore
presents a template for this kind of research concerning any of
the common governmental and political themes affecting all of
the states in our country, or even regional and single-state issues.
It is not only the content of Dinan's research, but also
the process of his research that will be important to readers.
In conclusion, Dinan notes that
these same issues arose but could not evolve through the federal
constitution because of its rigid and difficult methods of change.
A good example is the item veto. The flexible amendment procedures
in the states, however, provided avenues for evolution in the
states where "repeated questioning" (273) concerning these issues
lead to "reconsideration of the federal model" (271).
Dinan is not arguing for an original
intent form of judicial review. In other words, it is not a lawyer's
argument. Rather, he seeks to reveal the nature of political and
governmental debates in the state, rather than federal, constitutional
context. He notes that it is not only Americans, but also constitution
makers in other countries who should be aware of the two related,
but distinct, American constitutional traditions (277).
|
|