State Constitutions: Principles, Structures, and Changes
State and Local Government
Constitution:
A written plan that sets up a form of government and establishes its basic governing principles.
Principles in Common:
- Popular Sovereignty
- Limited Government
Differences of Constitution
| U.S. Constitution | State Constitution |
|---|---|
| Short | Lengthy |
| Rarely Amended | Often Amended |
| General in Scope | Specific in Scope |
Early State Constitutions
The Massachusetts Constitution, adopted in 1780, is the oldest written constitution now in force anywhere in the world.
In 1780, Massachusetts set the precedent for popular representation.
Congress has required that constitutions be drawn up by popularly elected conventions and then approved by the voters.
Current State Constitutions
Divided into the following basic sections:
- Preamble: A short introductory statement telling why the constitution was written.
- Bill of Rights: Provisions listing the basic rights of the people and limiting the powers of government.
- Description of State Government: Provisions for the three separate branches of state government.
- Description of Local Government: Provisions for local subdivisions of state government.
- General Provisions: Provisions dealing with voting qualifications and elections, collection of taxes, etc.
- Provision for Change: Provisions dealing with the process by which the constitution may be amended or revised.
Changing State Constitutions
A major change in a state constitution is referred to as a revision.
A minor change is usually referred to as an amendment.
Revision: The voters approve the calling of a convention, elect delegates, etc.
- Constitutional Convention
Ordinarily, the constitutional convention process involves three elections and courses.
Amendments
Three methods of proposing constitutional amendments are used among the state conventions:
- Convention Proposal (rarely used today in amending a constitution)
- Legislative Proposal (method most common)
- Initiative Proposal (voters may propose constitutional amendments)
Referendum: An election in which the voters of a state approve or reject a proposed amendment.
The State at Work
Functions (most important): Law enforcement, protect public health, safety, and morals, etc.
State Executive Officers
The Governor (directly descended from Colonial Governor)
Highly respected, well-paid, official residency (Governor’s Mansion), expense accounts.
Qualifications, Election, and Terms
- Minimum age required (30 years old)
- U.S. Citizen
- Citizen resident of the state for a minimum period of time.
- Reputation, character, and position on key issues are important considerations.
- Elected directly by the people in every state.
- Plurality (more votes than anyone else)
- 2-year terms in Vermont and New Hampshire, 4 years in the rest
Governor
- Impeachment: Legislature removes the governor.
- Recall: Voters remove the governor.
Powers and Duties
- Ex-officio: Member of various boards and commissions.
- Executive Orders: Orders that dictate how a law should be carried out.
- Item Veto: The power to veto (eliminate) a part of a bill without vetoing the entire bill.
- Clemency: Pardon an offender, reprieve, reduce, parole.
Other Security Officers
- Lieutenant Governor (substitutes if can’t complete duties)
- Secretary of State (keeps records of documents)
- Treasurer (guardian of state funds)
- Attorney General (state’s chief prosecutor)