SLG - State Constitutions Lesson

State Constitutions

Since the Declaration of Independence, states have written a total of approximately 150 constitutions, with several states writing new ones frequently. State constitutions are generally more complex than the United States Constitution and address more details regarding the day-to-day relationship between the government and the citizens of a state. Typically, state constitutions address a wide array of issues that include the role, structure, and financial responsibility of the state and local levels of government within each of the fifty states.

The 10th Amendment of the United States Constitution, which is part of the Bill of Rights, states "the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." In addition, Article IV of the U.S. Constitution outlines the relationship between each state and the others, as well as between the states and the federal government. These two provisions provided the foundation of state law when the original U.S. Constitution was adopted.

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Each State has a Written Constitution

Serves as the Supreme Law of the Land.
State Constitutions are subordinate to the U.S. Constitution

Principles of All State Constitutions

Popular Sovereignty - People are the sole source of authority for government.
Limited Government - Government is given only specific powers.
1. Separation of Powers
2. Checks and Balances

Provisions Included in ALL State Constitutions

Bill of Rights
Structure of state and local government.
Detailed list of powers of each unit of government.

Almot all State Constitutions

Almost all state constitutions are out of date and need reform.

Most State Constitutions do not Separate Fundamental Law from Statutory Law

Fundamental Law - Laws of basic and lasting importance.

Statutory Law - laws passed by the legislature.

State Officials

Public officials are predominant in all fifty states. However, each state has its own array of government officials with no two states being the same. However, all fifty states have governors, legislators, and judiciaries.

Explore each section in the tabs below to learn more.

Governors

Governors are chosen in all fifty states by popular vote and serve four-year terms in office. Most states have put limits on the amount of times a governor can be re-elected to office. Along with the governor, other top government officials, such as, the Lieutenant Governor, Secretary of State, and Attorney General are elected positions.

A Governor's powers include: veto legislation, issue executive orders, make appointments, prepare a state budget, and to grant pardons to criminals.

In some states, Governors have a wide range of powers in states that tend to concentrate their powers in the hands of a few. In other states, power is dispersed among elected officials and is strongly in check with the state legislature.

State Legislators

Every state has a bi-cameral legislature or is made-up of two houses, except Nebraska. Nebraska has a unicameral body that serves as the state legislature.

State legislatures can vary in size from two to four hundred and are not necessarily in proportion with a particular state's population. All states have guidelines as to who can serve in the legislature, such as age, residency and pay. Many legislatures serve for multiple terms in the United States.

Types of Local Government

Local governments can be organized into different types. Choose each tab to learn more.

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