Every state in the nation is governed by its own constitution. There is no set guidelines to creating a state constitution. While each state constitution holds the rules to how its local government will be structured, it can vary in its latitude, constraints and length. They are usually broader in scope than the Constitution of the United States and much more detailed as to how its people can obey its laws. Show
Explore this article1 What Is a Constitution?A constitution is a written piece of work that neatly and roundly expresses the rules of a political or social organization. It lays out the basic structure of the government that will rule the people or group and establishes the main parts of that governing body, from the executive to the judiciary. It defines the responsibilities of each branch of its ruling body and regulates the relationship between the branches and the people it oversees. It is the basis from which laws are made. No law can be made that does not conform to the constitution. 2 How the State and U.S. Constitutions Are SimilarThere are a few ways that state constitutions are similar to the U.S. Constitution. Most have a preamble, a bill of rights, establish an executive branch and outline the structure of the state’s governing body and have provisions for amendments to be made to them as situations arise, such as technology and growth. The main two ways the state and U.S. constitution are the same is in the structure of government and checks and balances. Citizens elect representatives that work within the framework of the government established in both constitutions. They divide the power of the government into three branches: executive, legislative and judicial. The executive branch holds the president or governor who is responsible for implementing laws that the legislative branch passes. Both the Federal Constitution and state constitutions require cooperation between each branch and have checks and balances in place to ensure power doesn’t tip toward one over the other. 3 How They DifferThe main difference is that state constitutions tend to be much larger than the constitution drawn up by the forefathers of the United States and all of its ensuing amendments. They tend to have a broader scope than the Constitution of the United States. It holds just over 4,500 words while most state constitutions can stretch well over 10,000. The state constitution was built for change and is given more updates on a more frequent level than the U.S. Constitution. Many states have had numerous versions of constitutions since becoming an official state.
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About the AuthorKimberley McGee is an award-winning journalist with 20+ years of experience writing about education, jobs, business and more for The New York Times, Las Vegas Review-Journal, Today’s Parent and other publications. She graduated with a B.A. in Journalism from UNLV. Her full bio and clips can be seen at www.vegaswriter.com. A state constitution is the supreme law of that state. State constitutions establish certain organs of government for the State, vest these organs with their powers, and deny certain other powers. Like the federal Constitution, the written constitutions of the States do not comprise the entire “constitution” or fundamental law. In addition to the constitutions, each State government rests upon legislative enactments, executive decrees, judicial rulings, custom and habit. Often, the constitution of one state differs from that of another in various aspects. However, in their principal elements, state constitutions are all similar to one another. The general nature of State Constitutions is as follows: 1. The powers of State governments The general nature of State constitutions is based upon the type of powers that State governments possess and exercise. According to the Tenth Amendment to the federal Constitution, “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.” 2. Length of State constitutions State constitutions are quite long. The shortest is that of Vermont, which contains 8,295 words, while Alabama’s sixth and most recent constitution, ratified in 1901, is 340,136 words long. 3. The Contents of State Constitutions State constitutions resemble each other in general outline. The contents of most of the state constitutions can be summarized as follows: a. Preamble A State constitution usually opens with a preamble, which is a brief foreword setting forth the presumed reasons for which the constitution was drafted and adopted. b. Protections of rights Every State constitution possesses a “bill of rights” or “declaration of rights.” c. Suffrage and elections State constitutions have considerable portions dealing with the suffrage and elections. They specify the various qualifications for the electorate. They set the dates for particular elections and establish the local administrative machinery for the balloting. d. Organs of government State constitutions provide for the organs of the State government such as:
The constitution may contain other provisions endowing the organs with some of their powers. e. Local government State constitutions include considerable portions devoted to the establishment and regulation of the various types of local government. f. Taxation and debt The State constitutions set forth the power of the State government to levy taxes and to incur debt. g. Powers of government The largest part of the State constitution is devoted to an enumeration of the general powers of the State government. h. Amendment and Revision A final portion of the State constitution provides means for amending and revising it. There are three methods usually appearing in State constitutions whereby the constitution may be amended or revised: (1) Legislative proposal; (2) Popular initiative; and (3) Constitutional convention. Moreover, there is a fourth formal means of constitutional commission that is not specifically authorized by any State constitution but accepted by the courts. What are the main differences between state constitutions and the U.S. Constitution quizlet?State constitutions are longer and more detailed than the U.S.Constitution, and their bill of rights ofter include new and expanded rights not mentioned in the U.S. Constitution.
What is the difference between the two constitutions?The two constitutions are also very different. The U.S. Constitution increases government power, because the earlier government was too decentralized and not powerful enough. The Texas Constitution limits government action. The U.S. Constitution is brief and vague, which allows a broad interpretation.
Are state constitutions more powerful than the U.S. Constitution?Instead, because the supremacy clause of the U.S. Constitution takes precedence over state law and constitutions, and because the Warren Court used its powers to incorporate many provisions of the Bill of Rights to apply to the states, there was little incentive or opportunity for state courts to reference their ...
What is the purpose of U.S. and state constitutions?State constitutions establish certain organs of government for the State, vest these organs with their powers, and deny certain other powers. Like the federal Constitution, the written constitutions of the States do not comprise the entire “constitution” or fundamental law.
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