POLS Chapter 3 Book Notes 9 18 12 Judicial Federalism Idea that the courts determine the boundaries of state federal relations What State Constitutions Do Dual constitutionalism System of government in which people live under two sovereign powers In the United States these are the government of their state of residence and the federal government Common functions of U S and state constitutions o Set forth roles and responsibilities of governments o Describe basic institutional structure of the government o Establish procedures for these institutions to operate by Differences between U S and state constitutions o Permanence o Length o Specificity State amendments are amended and replaced more frequently Federal constitution is much shorter than state constitutions 7 400 words Alabama s is the longest at more than 45 times the length of the Federal constitution Federal constitution sets the framework whereas state constitutions get into policy detail State s give people ability to amend their constitutions and directly pass laws through referendums and ballot initiatives o Embrace of Democracy o Finances Congress and the white house can run up national debt extremely high States take a much more restrictive view of budget matters even if their constitution does not require a balanced budget Vermont is the only state that can choose to run up debt like the feds Some states require Appropriation bills Laws passed by legislatures authorizing the transfer of money to the executive branch Some states amended constitutions to require supermajorities to increase revenues of taxes Arizona Colorado Nevada Oklahoma South Dakota U S constitution s original purpose was to organize a federal government with limited powers State governments have a wider field of activities due to 10th amendment All powers not delegated to federal government are reserved for the states Evolution of State Constitutions Colonial Charters Legal documents drawn up by the British crown that spelled out how the colonies were to be governed Gave rights to individuals or corporations to establish plantations on an area and govern inhabitants o Jamestown Virginia 1607 was the first charter granted by King James I of England After Revolutionary War some favored each state having their own constitution Others such as John Adams believed in having a strong executive government o Many opposed a strong executive government due to the prior royal crown o Adams feared that unicameral legislatures legislatures that possess only one chamber would dominate governments This would violate separation of powers Nebraska is the only state with a unicameral legislature o States drafted their own constitutions Most of the power was concentrated in the legislative branch to diminish possibility of tyranny First Generation of State Constitutions Created powerful bicameral legislatures Legislatures that possess two chambers typically a house of representatives or assembly and a senate o Exceptions Georgia Pennsylvania Vermont Unicameral Early state constitutions restricted voting access to white males who met certain minimum property requirements Limited franchise o Vermont gave the vote to every adult male Jim Crow Laws Measures passed in the last decade of the nineteenth century that sought to legally and systematically separate blacks and whites o Limited blacks ability to vote after being forced to give them the right as a price for readmission back into the union Wyoming allowed women to vote 1869 o By 1912 only thirteen states followed suit o 19th Amendment 1920 allowed women to vote nationwide Culmination of the Suffrage Movement States began to opt for elected governors o By 1860 South Carolina was the only state with a governor selected by the legislature Formal Constitutional Changes Constitutional Convention Assembly convened for the express purpose of amending or replacing a constitution 1841 Door s Rebellion o Thomas Dorr convened illegal constitutional convention in hope of replacing Rhode Island s charter with a more progressive one Dorr s supporters elected him governor He proposed allowing all white males including Catholic immigrants to vote He was arrested and tried for treason His followers started a rebellion o New liberal constitution was enacted Amendment Process o Amendment or new constitution must be proposed and meet a certain threshold of support then it must be ratified o 4 ways to propose changes to state constitutions Legislative proposals Most states require supermajority Ballot initiatives Voters approve law or amend or referendums electorate approves or rejects laws passed Purpose is to seek policy changes that are not being considered or undertaken by legislature 18 states allow this way of proposal South Dakota first state in 1898 Delegates can change or throw out anything It is then rejected or Constitutional conventions accepted as is Constitutional commissions Suggest but cannot mandate changes to constitution Informal Methods for Changing Constitutions State supreme courts o Court interprets an existing constitution in a way that creates a new right Ex Right to adequate education Judicial Review Power of courts to assess whether a law is in compliance with the constitution Branches of government lay claim to broader powers o Ex Rhode Island legislature overpowers executive branch Legislators sit on boards and commissions that oversee state agencies and sit on board that set salaries for high ranking executive branch officials Week governor Simple Neglect o Government stops enforcing sections of state constitution Why State Constitutions Vary Historical experiences Political culture o TX 1876 constitution was traditionalistic and its only progressive feature was a provision that allowed women to continue to women their own property after they married o TX 1876 constitution reflects views of suspicion of strong activist government Legislature meets infrequently Limited governor s power over executive branch Provided for an elected judiciary Geography Notions of what makes good government o Alabama s constitution Drafted in 1901 reflects fears of industrial development that would threaten the best form of government Planter Government Model constitution Expert approved generic or ideal constitution that is sometimes used by states as a yardstick against whey they can measure their existing constitutions o Idea came about during the 1960 s and 1970 s that was adopted by some states New England who
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