State Constitutions

Key Terms

initiative, constitutional convention, constitutional commission

Find Out

• What are the basic common characteristics of state constitutions?

• What are the four most important functions of state constitutions?

State Constitutions

Understanding Concepts

Federalism Why are state constitutions lengthy documents compared to the nation’s Constitution?

Section Objective

Explain the importance and functions of state constitutions.

California is perhaps the state that is best known for a provision found in many state constitutions—proposing constitutional amendments by popular initiative. During the 1990s, California voters passed several amendments that stirred public interest across the nation. One notable example was Proposition 209, a popular initiative passed by the voters in 1997 by a margin of 54 to 46 percent. Proposition 209 ended the state’s affirmative action program in education, hiring, and the awarding of government contracts.

A. State constitutions create the structure of state governments.

I. Importance of Constitutions (pages 637–638)

B. State constitutions establish local governments, such as counties, townships, municipalities, special districts, parishes, and boroughs.

C. State constitutions regulate how state and local governments can raise and spend money.

D. State constitutions establish independent state agencies, boards, and commissions.

Which do you think should have more power to make decisions about local matters, state government or local government?

Answers will vary. Students should understand that local governments are creations of the states.

I. Importance of Constitutions (pages 637–638)

A. All state constitutions have a bill of rights, with most of the protections as in the Bill of Rights in the Constitution of the United States, and many states also guarantee other rights.

II. Constitutional Characteristics (page 638)

B. Many state constitutions have become long documents as a result of additions made over the years.

C. Long state constitutions are filled with detailed, specific provisions, often reflecting special interest politics.

II. Constitutional Characteristics (page 638)

Do you think a state constitution should have many or few detailed provisions? Explain.

Answers will vary. For discussion of state constitutions see text page 638.

A. Some state constitutions have a great number of amendments.

III. Amendments and Changes (pages 639–640)

B. Constitutions of the 50 states provide four different methods of proposing amendments.

1. The most common method of proposing amendments is by the state legislatures.

a. Eighteen states also allow the people to propose amendments by popular initiative.

b. Some states allow a state constitutional convention to propose amendments.

c. Some states use a constitutional commission to propose amendments.

C. All states except Delaware require ratification of amendments by popular vote; most require a simple majority vote. When voters rather than the legislature vote on an issue, it is called a referendum.

III. Amendments and Changes (pages 639–640)

III. Amendments and Changes (pages 639–640)

What provisions would you like to see in your state constitution?

Students should address issues or conditions that have lasting significance.

A. Over the years, critics have charged that state constitutions are too long and filled with needless detail.

IV.Criticism and Reform (page 640)

B. In order to replace existing state constitutions, most states require a constitutional convention.

C. In most states, the legislature proposes the convention, which the voters must approve, and then voters, in a new election, choose delegates to write a new document or propose changes to the existing constitution.

D. During the 1980s, more state judges began to interpret state constitutions independently of the Constitution of the United States.

IV.Criticism and Reform (page 640)

Do you think state judges should interpret state constitutions independently of the United States Constitution? Explain.

Students should be aware that judicial review at the state level must not violate the national constitution.

1. Main Idea Use a graphic organizer like the one below to identify the purposes served by state constitutions.

Checking for Understanding

create structure of state government, establish types of local government, regulate how state and local governments spend money, establish state bureaucracy

2. Define initiative, constitutional convention, constitutional commission.

Checking for Understanding

An initiative is a method by which citizens propose a constitutional amendment or a law.

A constitutional convention is a gathering of citizens elected to consider changing or replacing a constitution.

A constitutional commission is a group of experts appointed to study a state constitution and recommend changes.

3. Identify state constitution.

Checking for Understanding

A state constitution creates and outlines the structure of state government.

4. In what ways are most state constitutions alike?

Checking for Understanding

They separate power into three branches, have a bill of rights, and include much specific detail.

5. Why are state constitutions amended more frequently than the federal Constitution?

Checking for Understanding

Because state constitutions are more detailed and deal with more immediate and specific concerns, they go out of date more quickly, requiring further amendments.

6. Identifying Central Issues Why do you think so many amendments to state constitutions have been adopted, when the people have been reluctant to approve of constitutional conventions for reform?

Critical Thinking

Students might suggest that people may fear major changes that would come with a new constitution, preferring to revise the old one.

Federalism Many state constitutions contain historic provisions that are no longer applicable, such as a tax to help veterans of the Civil War. Examine your state constitution. Identify provisions in the constitution that may no longer be applicable. Do you think that states should take the time to eliminate these provisions? Why?