Eleanor Finch
State constitutions differ from national constitutions in several ways. While state constitutions resemble national constitutions in outlining the structure of the state government, they often go into more detail and can be more easily amended. State constitutions can also outline rights that go further than those in the federal Constitution, such as explicitly granting the right to vote, and can address topics unique to the state.
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What You'll Learn
State constitutions are more open to amendments
State constitutions in the United States differ from the national constitution in several ways, one of the most notable being their greater openness to amendments. While the US Constitution is a challenging document to alter, state constitutions are more flexible and frequently amended to reflect the evolving will and interests of their citizens.
The US Constitution, as the supreme law of the land, is understandably guarded against frequent changes. Amending it requires a lengthy and complex process, involving both houses of Congress and ratification by three-quarters of state legislatures or state conventions. This process has resulted in a relatively static document, with only 16 or 17 amendments since the Bill of Rights was ratified in 1791.
In contrast, state constitutions are more dynamic, with a lower threshold for amendments. They can be amended through various mechanisms, including proposals by the state legislature, constitutional commissions, or citizens' petitions, with amendments often accepted by referendum. This accessibility to change has led to a significant number of amendments at the state level. For example, in 2022 alone, state constitutions were collectively amended nearly 70 times, with some states, like Massachusetts, amending their constitutions over a hundred times.
The ease of amending state constitutions allows states to address a wide array of issues and adapt to changing circumstances. For instance, states have amended their constitutions to revise their fiscal structure, modernize practices, or implement federal law requirements. State constitutions have also been pivotal in shaping voting rights, with 49 out of 50 states explicitly granting the right to vote and providing additional protections for free, equal, and open elections.
The ability to amend state constitutions is not without its challenges. While states cannot enact provisions that conflict with the US Constitution, the process of amending state constitutions can be complex and vary from state to state. The accessibility of information about state constitutions and their amendments also differs, with some states providing more transparency than others.
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They often address topics unique to the state
State constitutions in the United States often address topics unique to the state. They outline the structure of the state government and typically establish a bill of rights, an executive branch headed by a governor, a state legislature, and state courts.
State constitutions are more open to amendments than the national constitution. Amendments can be proposed by the legislature, a constitutional commission, or citizens' petition and can be accepted by referendum. For example, the constitution of Massachusetts has been amended 120 times, while the constitution of Georgia has been replaced ten times. State constitutions are also longer and more detailed than the federal Constitution, with an average length of about 39,000 words compared to less than 8,000 words for the U.S. Constitution.
State constitutions often reflect the changing will and interests of the people in ways that the U.S. Constitution does not. For example, state constitutions are strikingly uniform in explicitly granting the right to vote, with 49 states including language such as who "shall be qualified to vote" or is "entitled to vote." Thirty state constitutions contain additional voting protections, with 12 states requiring that elections be "free" and 18 states including anti-gerrymandering provisions.
State constitutions may also include provisions unique to the state, such as Proposition 71 in California, which makes stem cell research a legally protected right and establishes the California Institute for Regenerative Medicine with $3 billion in research funding.
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They can outline or clarify rights beyond the federal Constitution
State constitutions outline the structure of the state government and typically establish a bill of rights, an executive branch headed by a governor, a state legislature, and state courts. They also provide a general governmental framework for what each branch is supposed to do and how it should go about doing it.
State constitutions can outline and clarify rights beyond the federal Constitution. For example, state constitutions are more explicit in conferring the right to vote and include additional protections for free, equal, and open elections. While the US Constitution does not explicitly grant a right to vote, 49 states' constitutions include who "shall be qualified to vote," is "entitled to vote," or is a "qualified elector." Thirty state constitutions contain additional voting protections, such as constitutional requirements that elections be "free." In the post-2020 redistricting cycle, litigants struck down North Carolina's partisan gerrymanders under the state constitution.
State constitutions have also been used to provide greater protections for individual rights than the federal constitution. For instance, in PruneYard Shopping Center v. Robins (1980), the US Supreme Court held that California could interpret its state constitution to protect political protesters from being evicted from private property, held open to the public, without infringing upon the shopping center owner's property rights under the Fifth Amendment or speech rights under the First Amendment.
State constitutions can also provide a layer of protection against federal legislation. In Moore v. Harper, the Supreme Court reviewed the independent state legislature (ISL) theory, which would allow state legislatures to set federal election rules and draw congressional maps without oversight from state courts and their application of state constitutions.
State constitutions are also easier to amend than the US Constitution, so they often reflect the changing will and interests of the people in ways that the US Constitution does not.
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They are typically much longer and more detailed
State constitutions in the United States are often modelled after the federal Constitution, outlining the structure of the state government and typically establishing a bill of rights, an executive branch, a state legislature, and state courts. However, they differ from the federal Constitution in several ways. One of the most notable differences is that state constitutions are typically much longer and more detailed than the federal Constitution.
The average length of a state constitution is about 39,000 words, compared to the U.S. Constitution, which has less than 8,000 words. This length allows state constitutions to address a wide array of issues that are important to the state, including topics unique to the specific state. For example, Proposition 71, codified as California Constitutional Article 35, not only makes stem cell research a legally protected right but also establishes the California Institute for Regenerative Medicine and provides $3 billion in research funding.
State constitutions are also more open to amendments than the federal Constitution. Amendments to state constitutions can be proposed by the legislature, a constitutional commission, or citizens' petition and can be accepted by referendum. In 2022 alone, state constitutions were collectively amended nearly 70 times, with some states, like Massachusetts, amending their constitutions over a hundred times. This flexibility allows state constitutions to reflect the changing will and interests of the people more effectively than the federal Constitution, which has only been amended 17 times since the adoption of the Bill of Rights in 1791.
Additionally, state constitutions often focus more on limiting power rather than granting it, as the general authority of the state has already been established. They may also include additional rights and protections not outlined in the federal Constitution, such as explicit voting rights and protections for free, equal, and open elections. These provisions have been particularly effective in the context of redistricting and partisan gerrymandering, as seen in lawsuits filed in several states.
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They focus on limiting power
State constitutions focus on limiting power in several ways. Firstly, they outline the structure of the state government, including the legislative, executive, and judicial branches, and establish a bill of rights. This framework determines the scope of each branch's authority and how it should exercise its powers. For example, state constitutions may establish an executive branch headed by a governor and other officials, such as a lieutenant governor and state attorney general.
Secondly, state constitutions often contain provisions that explicitly limit the power of the state government. For instance, they may include Free Elections Clauses, which guarantee the right to vote and protect free, equal, and open elections. These clauses limit the power of state governments by preventing them from denying citizens their voting rights and ensuring fair electoral processes.
Additionally, state constitutions may outline specific limitations on governmental powers in certain policy areas. For example, Proposition 71, codified in the California Constitution, not only protects the right to pursue stem cell research but also provides for the establishment of the California Institute for Regenerative Medicine and allocates $3 billion in research funding over a decade. This provision limits the power of the state government by ensuring funding and institutional support for stem cell research, thereby restricting the government's ability to hinder or regulate this field without constitutional amendment.
State constitutions also limit power by being more amenable to change than the national constitution. They are often amended to reflect the changing will and interests of the people. State constitutions can be amended through various mechanisms, including legislature, constitutional commissions, citizens' petitions, and referendums. This adaptability allows states to address contemporary issues and respond to shifting political discourses. For example, several states have added specific anti-gerrymandering provisions to their constitutions through citizen-initiated amendments, empowering citizens to curb partisan gerrymandering in redistricting processes.
Lastly, state constitutions limit the power of the national government by outlining rights and authorities beyond those granted in the federal Constitution. While state constitutions cannot directly contradict the national document, they can outline and clarify rights that go further. This dynamic allows states to tailor their constitutions to meet the unique needs and preferences of their citizens, ensuring that state-level rights and liberties are not solely dependent on national-level changes.
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Frequently asked questions
State constitutions are much longer and more detailed than the federal constitution, with an average length of 39,000 words, compared to less than 8,000 words in the U.S. Constitution.
State constitutions are more open to amendments than the national constitution. Amendments to state constitutions can be proposed by the legislature, a constitutional commission, or citizens' petition and accepted by referendum. In 2022, state constitutions were collectively amended nearly 70 times, while the U.S. Constitution has only been amended 17 times since 1791.
State constitutions can outline or clarify rights that go beyond those in the federal Constitution. For example, state constitutions explicitly grant the right to vote and include additional protections for free, equal, and open elections.
State constitutions focus more on limiting power rather than granting it, as their general authority is derived from the national government. They often address topics unique to the state, such as voting, personal liberties, and local governance.
