We all learn in school about the U.S. Constitution, the Founding Fathers and the fundamental principles on which our nation is built. But what do you know about the Rhode Island Constitution, the people who drafted it, and what it says this state stands for?
Did you know that when Rhode Islanders approved the separation of powers amendment in 2004, they were repealing provisions dating back to the colonial Charter of 1663 – the same document that first guaranteed absolute religious freedom here?
A new book by historian Patrick T. Conley and retired R.I. Supreme Court Justice Robert G. Flanders traces the development of the Rhode Island Constitution from those early days to the present, weaving a rich context for the legal history and analysis at its core.
The book, “The Rhode Island State Constitution: A Reference Guide,” is part of a series on state constitutions edited by G. Alan Tarr of Rutgers University’s Center for State Constitutional Studies, and its contents are primarily geared to lawyers and legal scholars.
But convinced that “Rhode Island’s basic laws have profoundly shaped its politics and its socioeconomic system,” as the preface puts it, the authors sought to graft “the flesh of human effort and experience” to the “dry bones of constitutional provisions.”
“It’s the most complete survey of Rhode Island constitutional development that’s ever been written,” Conley said in an interview. “We worked section by section, and we went well beyond what most books in the series do. We pay attention to the historical evolution and traced some from colonial times to the present.”
The book traces the constitution’s development from the Charter of 1663, to the Dorr Rebellion and the resulting constitution of 1843, to the current document, which dates back to 1986, and the separation of powers battle. In between, it introduces readers to the people who have shaped Rhode Island, from Roger Williams to former Providence Mayor Vincent A. Cianci Jr.
Conley originally agreed to write the book in 1990, when Tarr, who was seeking authors for books on all 50 states’ constitutions, approached him. But Conley was busy with other projects, and by 1994, he realized that he didn’t have time for the book, so he declined the offer.
Four years ago, he returned to the project, concerned that Rhode Island would be left out of the series.
“They implied that they wanted me to do it, and that Rhode Island might either be the last one in or might be left out like it was at the Philadelphia Convention in 1787,” Conley said. “I didn’t want that to happen, so I agreed to do it.”
But it was still a lot to handle, so he asked Flanders, who stepped down from the Supreme Court in 2004, to work with him. Flanders, who had returned to private practice and was teaching law, agreed.
“The collaboration worked because he brought a strong historical perspective and I brought a strong legal perspective,” Flanders said. “He was able to add historical depth, and I was able to provide legal analysis.”
The book was completed in 2006 and released this spring.
“I think it’s a one of a kind. It’s the only such treatise available on Rhode Island constitutional law, and it’s well written and will be interesting and informative to lawyers, legal scholars and judges who may have recourse to find out about a particular constitutional provision or to just get a panoramic view of Rhode Island legal history,” Flanders said.
“I hope that it becomes a useful resource for lawyers and others who have an interest and need to consult our constitution and its provisions,” he added.
“We’re quite pleased with the finished product – and even more pleased to be finished with the product,” Conley joked, adding that the two might teach a class on the subject at Roger Williams University’s Ralph R. Papitto School of Law this fall.
