South Dakota was the first state in the nation's history to adopt the Initiative and Referendum, making it permissible for the people to initiate a constitutional amendment, on a statewide level in 1898. While it continues to be a controversial procedure, Patrick Garry discusses this in-depth while providing the only definitive reference resource on the South Dakota Constitution, including all significant court decisions interpreting each Section. The South Dakota Constitution features the rich history and development of constitutionalism in the state. It provides the complete text of the state's current constitution, with each section accompanied by commentary that explains the provision and traces its origins and its interpretation by the courts and by other governmental bodies. Offering in-depth, section-by-section analysis of the entire constitution, it shows the many significant changes within the state of South Dakota that have been made since the constitution's initial drafting. The book concludes with a bibliography, a table of cases cited in the volume, and a topical index making this volume a highly detailed historical companion for students, scholars, practitioners, and all readers interested in state constitutional issues and the history of South Dakota's statehood. 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.

The South Dakota State Constitution (Oxford Commentaries on the State Constitutions of the United States)

History

Garry, Patrick M.

Americas

Oxford University Press

An Entrenched Legacy takes a fresh look at the role of the Supreme Court in our modern constitutional system. Although criticisms of judicial power today often attribute its rise to the activism of justices seeking to advance particular political ideologies, Patrick Garry argues instead that the Supreme Court’s power has grown mainly because of certain constitutional decisions during the New Deal era that initially seemed to portend a lessening of the Court’s power. When the Court retreated from enforcing separation of powers and federalism as the twin structural protections for individual liberty in the face of FDR’s New Deal agenda, it was inevitably drawn into an alternative approach, substantive due process, as a means for protecting individual rights. This has led to many controversial judicial rulings, particularly regarding the recognition and enforcement of privacy rights. It has also led to the mistaken belief that the judiciary serves as the only protection of liberty and that an inherent conflict exists between individual liberty and majoritarian rule. Moreover, because the Court has assumed sole responsibility for preserving liberty, the whole area of individual rights has become highly centralized. As Garry argues, individual rights have been placed exclusively under judicial jurisdiction not because of anything the Constitution commands, but because of the constitutional compromise of the New Deal.During the Rehnquist era, the Court tried to reinvigorate the constitutional doctrine of federalism by strengthening certain powers of the states. But, according to Garry, this effort only went halfway toward a true revival of federalism, since the Court continued to rely on judicially enforced individual rights for the protection of liberty. A more comprehensive reform would require a return to the earlier reliance on both federalism and separation of powers as structural devices for protecting liberty. Such reform, as Garry notes, would also help revitalize the role of legislatures in our democratic system.

An Entrenched Legacy: How the New Deal Constitutional Revolution Continues to Shape the Role of the Supreme Court

Reference

Words, Language & Grammar

Penn State University Press

A Nation of Adversaries: How the Litigation Explosion Is Reshaping America

Constitutional Law

Plenum Pr

A Nation of Adversaries: How the Litigation Explosion Is Reshaping America brilliantly examines why our culture has been increasingly crowding courthouses and fueling the growth of the lawyer population, pitting us against each other. Dr. Patrick Garry, an expert on the effect of the courts on American society, insightfully points out that our growing litigant-oriented mindset is reinforcing a self-centered culture of undue expectation and entitlement. The workplace, the classroom, the bedroom, and even the playground are becoming more combative. With increasing gridlock, acrimony, and ideological warfare, the political arena has especially come to resemble more a courtroom than an arena for concordance. The values supporting democracysuch as compromise and consensus - have been subverted by tenacity and aggressiveness. In light of the new litigation democracy, the individual's right to sue is valued more than his or her right to vote. The author also analyzes how the publicity bestowed upon specific lawsuits "teaches" the public to identify and assert new ways of being a victim. As a result, employees are victims of their employers, children victims of their parents, and students victims of their teachers. In encouraging new types of victim-plaintiffs and promising lucrative rewards to potential victims, litigation also fuels the fire of therapy culture. For a society obsessed with psychic healing and emotional recovery, litigation is seen as a logical continuation of the healing process begun in a therapist's office. Increasingly open to novel theories of psychological injuries, the courts are reinforcing the therapeutic bent so prevalent in sensationalistic talk shows and recovery programs. A Nation of Adversaries is a candid look at litigation's invasion into our once formally mindful society, and is a shrewd commentary on the creation of a new culture of identity in America.

Politics & Social Sciences

Sociology

Wrestling with God: The Courts' Tortuous Treatment of Religion

The relationship between church and state is both controversial and unsettled. For decades, the courts have vacillated dramatically in their rulings on when a particular governmental accommodation rises to the level of an impermissible state establishment of religion. Without a comprehensive theory of the First Amendment establishment clause, religion cases have devolved into a jurisprudence of minutiae. Seemingly insignificant occurrences, such as a student reading a religious story or a teacher wearing a cross on a necklace, have led to years of litigation. And because of the constant threat of judicial intrusion, a pervasive social anxiety exists about the presence of religion in American public life. This anxiety, in turn, leads to more litigation, as opposing parties constantly try to influence the fluctuating direction of the courts’ religion doctrines. 
Courts have often treated the two religion clauses of the First Amendment as contradictory, with the free exercise clause used to protect religious practices and the establishment clause employed to limit the public expression of religious beliefs. Wrestling with God not only reconciles the relationship between the two clauses but also distinguishes them in terms of their respective purposes. Whereas the exercise clause focuses on individual freedom, the establishment clause addresses the institutional autonomy of religious organizations. Under this distinction, many cases currently falling under the establishment clause—e.g., prayer in the schools—should instead be governed by the exercise clause. 
Unlike many contemporary interpretations of the establishment clause, the model offered in Wrestling with God views the clause not as a check on religion but as a protection against a specific kind of religious coercion—the kind that results from governmental interference with the freedom of religious institutions. As Patrick M. Garry skillfully argues in Wrestling with God, the establishment clause does not exist for the benefit of a secular society; it exists for those religious institutions in which individuals seek to practice their beliefs.

Wrestling With God: The Courts' Tortuous Treatment of Religion

Rules & Procedures

Catholic Univ of Amer Pr

The relationship between church and state is both controversial and unsettled. For decades, the courts have vacillated dramatically in their rulings on when a particular governmental accommodation rises to the level of an impermissible state establishment of religion. Without a comprehensive theory of the First Amendment establishment clause, religion cases have devolved into a jurisprudence of minutiae. Seemingly insignificant occurrences, such as a student reading a religious story or a teacher wearing a cross on a necklace, have led to years of litigation. And because of the constant threat of judicial intrusion, a pervasive social anxiety exists about the presence of religion in American public life. This anxiety, in turn, leads to more litigation, as opposing parties constantly try to influence the fluctuating direction of the courts' religion doctrines. Courts have often treated the two religion clauses of the First Amendment as contradictory, with the free exercise clause used to protect religious practices and the establishment clause employed to limit the public expression of religious beliefs. Wrestling with God not only reconciles the relationship between the two clauses but also distinguishes them in terms of their respective purposes. Whereas the exercise clause focuses on individual freedom, the establishment clause addresses the institutional autonomy of religious organizations. Under this distinction, many cases currently falling under the establishment clause―e.g., prayer in the schools―should instead be governed by the exercise clause.Unlike many contemporary interpretations of the establishment clause, the model offered in Wrestling with God views the clause not as a check on religion but as a protection against a specific kind of religious coercion―the kind that results from governmental interference with the freedom of religious institutions. As Patrick M. Garry skillfully argues in Wrestling with God, the establishment clause does not exist for the benefit of a secular society; it exists for those religious institutions in which individuals seek to practice their beliefs.Patrick M. Garry, J.D., is professor of law at the University of South Dakota. He is the author of several books including Scrambling for Protection: The New Media and the First Amendment and A Nation of Adversaries: The Social and Cultural Effect of America's Litigation Explosion.PRAISE FOR THE BOOK"In this sound, comprehensive, and up-to-date work, Patrick Garry provokes the reader to understand how the protection of speech is given far more absolute protection than religion, even as one would expect religion to be doubly protected by both the speech and religion clauses. While this speech/religion clause comparison has been hinted at before, no one has presented it with greater clarity than Garry."―Douglas W. Kmiec, Caruso Chair and Professor of Constitutional Law, Pepperdine University "No one has done a better job of understanding the way the courts have framed free speech and religious liberty issues than Patrick Garry. His presentation of the forced tension between religious liberty and the establishment provision in the First Amendment is equally masterful. This is a book that should enjoy wide appeal."―William A. Donohue, President, Catholic League for Religious and Civil Rights "Patrick Garry offers a lively and provocative critique of the Supreme Court's approach to the establishment and free exercise clauses. He challenges the 'wall of separation' metaphor, rejects the endorsement test, and argues that neutrality toward religion is not enough. Broadly reinterpreting the scope of each clause, Garry advocates a sea change in constitutional doctrine, one that would permit the government to favor religion in non-coercive ways."―Daniel O. Conkle, Robert H. McKinney Professor of Law, India

World

The Catholic University of America Press

Garry (media studies, Columbia U.) explores how new telecommunications technology is allowing more people a voice in the process of social dialogue through computer networks and bulletin boards, how it impacts the aspirations of broadcast journalists, and how it should and should not be regulated in terms of the constitutional protection of free speech. No subject index. Annotation copyright Book News, Inc. Portland, Or.

Scrambling for Protection: The New Media and the First Amendment (Pitt Series in Policy and Institutional Studies)

Politics & Government

Univ of Pittsburgh Pr

In our age of media revolutions, Patrick M. Garry offers guidelines for constitutionally redefining the press, and maintains that the First Amendment press clause must broaden the scope of its freedoms to include the communication activities of a much larger public.

Administrative Law

University of Pittsburgh Press

Eric Hoffer Award Grand Prize Short List, 2015 What was the intended purpose and function of the Bill of Rights? Is the modern understanding of the Bill of Rights the same as that which prevailed when the document was ratified? In Limited Government and the Bill of Rights, Patrick Garry addresses these questions. Under the popular modern view, the Bill of Rights focuses primarily on protecting individual autonomy interests, making it all about the individual. But in Garry’s novel approach, one that tries to address the criticisms of judicial activism that have resulted from the Supreme Court’s contemporary individual rights jurisprudence, the Bill of Rights is all about government—about limiting the power of government. In this respect, the Bill of Rights is consistent with the overall scheme of the original Constitution, insofar as it sought to define and limit the power of the newly created federal government. Garry recognizes the desire of the constitutional framers to protect individual liberties and natural rights, indeed, a recognition of such rights had formed the basis of the American campaign for independence from Britain. However, because the constitutional framers did not have a clear idea of how to define natural rights, much less incorporate them into a written constitution for enforcement, they framed the Bill of Rights as limited government provisions rather than as individual autonomy provisions. To the framers, limited government was the constitutional path to the maintenance of liberty. Moreover, crafting the Bill of Rights as limited government provisions would not give the judiciary the kind of wide-ranging power needed to define and enforce individual autonomy. With respect to the application of this limited government model, Garry focuses specifically on the First Amendment and examines how the courts in many respects have already used a limited government model in their First Amendment decision-making. As he discusses, this approach to the First Amendment may allow for a more objective and restrained judicial role than is often applied under contemporary First Amendment jurisprudence. Limited Government and the Bill of Rights will appeal to anyone interested in the historical background of the Bill of Rights and how its provisions should be applied to contemporary cases, particularly First Amendment cases. It presents an innovative theory about the constitutional connection between the principle of limited government and the provisions in the Bill of Rights.

Limited Government and the Bill of Rights

University of Missouri

See the best price to sell, buy, or rent books by Garry, Patrick M.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Garry, Patrick M.

See the best price to sell, buy, or rent books by Garry, Patrick M.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

The South Dakota State Constitution (Oxford Commentaries on the State Constitutions of the United States)

An Entrenched Legacy: How the New Deal Constitutional Revolution Continues to Shape the Role of the Supreme Court

An Entrenched Legacy: How the New Deal Constitutional Revolution Continues to Shape the Role of the Supreme Court

A Nation of Adversaries: How the Litigation Explosion Is Reshaping America

A Nation of Adversaries: How the Litigation Explosion Is Reshaping America

Wrestling With God: The Courts' Tortuous Treatment of Religion

Wrestling with God: The Courts' Tortuous Treatment of Religion

Scrambling for Protection: The New Media and the First Amendment (Pitt Series in Policy and Institutional Studies)

Scrambling for Protection: The New Media and the First Amendment (Pitt Series in Policy and Institutional Studies)

Limited Government and the Bill of Rights