What are the main similarities between state constitutions and the U.S. Constitution?

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journal article

The Annals of the American Academy of Political and Social Science

Vol. 496, State Constitutions in a Federal System (Mar., 1988)

, pp. 12-22 (11 pages)

Published By: Sage Publications, Inc.

https://www.jstor.org/stable/1046314

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Abstract

State constitutionalism has undergone a certain revitalization in recent decades due to the efforts of state electorates and officials to reform and modernize state government, the willingness of many state high courts to redevelop state constitutional law as an independent body of law, and the expansion of federal constitutional law requiring adjustments in state constitutional law. State constitutions remain important as instruments of local self-government even though the field of state constitutional choice has been circumscribed by federal constitutional law. A basic distinguishing characteristic of state constitutions is their reliance on direct popular consent and control. This characteristic is a matter of conflict in state constitutional change because it produces long and detailed constitutions subject to easy popular amendment. Despite reform efforts to streamline state constitutions and limit majoritarian influences, most state electorates continue to prefer more consent and control of government under state constitutions than are available under the U. S. Constitution.

Journal Information

Each issue of the Annals of the American Academy of Political and Social Science, guest edited by scholars and experts in the field, presents more than 200 pages of timely, in-depth research on a significant topic of interest to its readership which includes academics, researchers, policymakers, and professionals.

Publisher Information

Sara Miller McCune founded SAGE Publishing in 1965 to support the dissemination of usable knowledge and educate a global community. SAGE is a leading international provider of innovative, high-quality content publishing more than 900 journals and over 800 new books each year, spanning a wide range of subject areas. A growing selection of library products includes archives, data, case studies and video. SAGE remains majority owned by our founder and after her lifetime will become owned by a charitable trust that secures the company’s continued independence. Principal offices are located in Los Angeles, London, New Delhi, Singapore, Washington DC and Melbourne. www.sagepublishing.com

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Introduction

Each state is governed by its own constitution. State constitutions vary in length and scope and, unlike the federal Constitution, they are generally broader in scope and are amended more frequently. State constitutional research is similar to federal constitutional research. As with the federal constitution, a variety of online and print resources provide access to the states' constitutional texts as well as notes of court decisions, commentary, and historical documents. 

Finding State Constitutional Texts

Most states provide online access to its constitution on their state legislative body's website. See our Research Guides by Jurisdiction for more information on state law resources.

In addition, the text of current and historical state constitutions can be found at the following resources:

• Constitutions of the United States, National and State (2nd ed.)

  This six-volume set provides complete and up-to-date access to American constitutions: the U.S. constitution, each of the 50 state constitutions, plus constitutions of 15 U.S. territories including the Virgin Islands, Puerto Rico, Guam, the Marshall Islands, Northern Mariana Islands and the Federated States of Micronesia. This source does not provide case annotations or commentary, though it may be useful in comparing provisions between states.

• Oxford Constitutions of the World

  A comprehensive source for the texts of state constitutions. No case annotations or commentary is provided, but this is a convenient way to compare provisions between states.

• State Constitutions (NBER/Maryland State Constitutions Project)

  A free portal that provides current and historical texts of state constitutions.

Annotated Codes/Constitutions & Caselaw

Additionally, state statutory codes often include its current state constitution. Annotated state codes and/or constitutions are available on Westlaw and Lexis:

• Westlaw Statutes

  Browse by state and select the state constitution and a relevant article/section. For each relevant article or section of the state constitution, reference the "Notes of Decision" for a short list of cases curated by the editors and organized by topic. Next, reference cases and other secondary sources listed via "Citing References."

• Lexis Constitutions

  Browse by state and select the state constitution and a relevant article/section. For each relevant article or section of the state constitution, reference the "Annotations" for a short list of cases curated by the editors and organized by topic. Next, reference cases and other secondary sources listed by selecting "Shepardize document."

Secondary Sources: Texts & Treatises

When researching an issue or area of law for the first time, we suggest you begin with a secondary source such as a legal encyclopedia, legal treatise, or ALR.  Though not comprehensive, this section highlights some specific sources to consider.

• 51 Imperfect Solutions : States and the Making of American Constitutional Law

  The interplay of state constitutional law and federal law is examined in this book.

• The Constitutionalism of American States by George E. Connor & Christopher W. Hammons

  • 

  Covers all fifty states, with a separate chapter on the constitutional history and theory of each state.

• The Law of American State Constitutions by Robert F. Williams

  Provides coverage of American State Constitutional Law and the functions and purposes of state constitutions.

• The Oxford Commentaries on the State Constitutions of the United States

  This series, each volume entitled The _____ State Constitution, includes a summary of the state's constitutional history, a detailed section-by-section analysis of the constitution with background information and discussion of judicial interpretations, and additional references. Also available via Oxford Constitutions of the World database.

• Prestatehood Legal Materials: A Fifty-State Research Guide

  Provides resources for territorial and initial state constitutions.

• Reference Guides to the State Constitutions of The United States

  The series covers more than 40 states and provides a summary of each state's constitutional history as well as a detailed analysis of the constitution, judicial interpretations, and references to books, articles, and other commentary on the constitutions. Available in print at the library.

• Sources and Documents of United States Constitutions by William D. Swindler

  A multivolume set that provides constitutional documents in chronological order for each state, including notes, editorial comments, bibliographies and indexes.

• State Constitutional Law: Litigating Individual Rights, Claims, and Defenses by Jennifer Friesen

  This two volume set is a look at the "independent use and interpretation of State Bills of Rights in civil and criminal litigation," as well as freedom of religion and expression from a state perspective. Search and seizure, rights of the accused, and sentencing and punishment round out the topics covered. Includes an extensive bibliography of state constitutional law.

• State Constitutions of the United States by Robert L. Maddex

  • 

  Collects, explains, and compares each of the fifty state constitutions, revealing individual state priorities, the significance of state constitutions and their impact on issues that affect the day-to-day lives of citizens. This revision incorporates specific details and describes trends and patterns in state constitutions, drawing on over 380 amendments passed since the 1998 first edition.

• Understanding State Constitutions by Alan G. Tarr

  • 

  Discusses the nature and history of state constitutions since independence.

• Who Decides? States as Laboratories of Constitutional Experimentation, by Jeffrey S. Sutton

  This book takes on state constitutional structure. Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? The goal of this book is to tell the structure side of the story and to identify the shifting balances of power revealed when one accounts for American constitutional law as opposed to just federal constitutional law.

Finding Additional Resources (Databases)

The following resources are useful places to look for additional secondary sources on State Constitutional Law topics:

• State Constitutions Illustrated (HeinOnline)

  A collection of the constitutions of the 50 states of the United States, together with related documents and resources. Containing the text of every constitution that has been in force for every state with the original, consolidated and current texts and an extensive collection of documents from before statehood, State Constitutions Illustrated provides comprehensive coverage and allows researchers to compare multiple editions from multiple sources.

• Council of State Governments' Book of the States

  Includes current developments on state constitutional law accompanied by in-depth tables, figures and infographics on topics such as the length of each constitution, dates of adoption, and amendment procedures.

What are the similarities between the US Constitution and state constitutions?

How are state and the United States constitutions similar and different?

What are the major similarities between the two constitutions?

In what ways were the early state constitutions similar to the US Constitution?