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1 - The Largely “Legislative” Character of the (“Horizontal” and “Vertical”) Constitutional Checks Placed on Colonial Legislatures

from Part One - Legislatures and Legislation under the First American Constitutions

Published online by Cambridge University Press:  17 September 2021

Robert J. Steinfeld
Affiliation:
State University of New York, Buffalo
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Summary

American colonial governments, which were established over the course of the seventeenth and early eighteenth centuries, took, as is well known, one of three basic forms. They were organized either as royal, proprietary, or corporate colonies. By the middle of the eighteenth century, the majority of colonies (eight of the thirteen) had been taken under the direct rule of the British Monarch. Three colonies remained proprietorships, Maryland, Pennsylvania, and Delaware, which “ntil the Revolution … had [a separate legislature but] the same governor as Pennsylvania.”1 Only two, Connecticut and Rhode Island, retained their status as corporate colonies.

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'To Save the People from Themselves'
The Emergence of American Judicial Review and the Transformation of Constitutions
, pp. 33 - 71
Publisher: Cambridge University Press
Print publication year: 2021

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