State Constitutional Law in 1948–49*

Foster H. Sherwood

American Political Science Review, 1949, vol. 43, issue 4, 735-765

Abstract: The ever-increasing volume of litigation in state courts has made it necessary to exclude this year all decisions of courts other than those of last resort. In addition, with respect to subjects such as “police power” and “equal protection,” where classification or analysis of the decisions would require space out of all proportion to their importance, only a listing of the subjects involved in the case is attempted. The cases fall generally into the pattern used last year. I. GOVERNMENTAL ORGANIZATION 1. Special Constitutional Provisions. The effective date of a new constitutional amendment was the subject of two decisions this year. In one, the amendment extending the term of office of county attorneys from two to four years was approved at a general election in which county attorneys were elected. The court held that the officers elected then were elected for the longer term, even though the amendment by its own terms did not become operative until the January following the election. This was so, even though the required local notice of the amendment omitted the effective date, since full state-wide notice was published by the secretary of state. The other case holds that the amendment becomes effective on the date of the canvass of votes rather than on the date of the election. Here, too, there were irregularities in the published notice in that it was not published in all counties on the same days and minor inconsistencies appeared in the printed versions. The court held that the purpose of notice had been substantially served.

Date: 1949
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.cambridge.org/core/product/identifier/ ... type/journal_article link to article abstract page (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:cup:apsrev:v:43:y:1949:i:04:p:735-765_05

Access Statistics for this article

More articles in American Political Science Review from Cambridge University Press Cambridge University Press, UPH, Shaftesbury Road, Cambridge CB2 8BS UK.
Bibliographic data for series maintained by Kirk Stebbing ().