State & Local State & Local GovernmentGovernment

State Constitutions State Constitutions

and the and the

U.S. ConstitutionU.S. Constitution

Constitution: RootConstitution: Root

The term constitution comes from The term constitution comes from the Latin the Latin constitutioconstitutio, which refers to , which refers to issuing any important law--usually by issuing any important law--usually by the Roman emperor. the Roman emperor.

Later, the term was widely used in Later, the term was widely used in canon law to indicate certain canon law to indicate certain relevant decisions, mainly from the relevant decisions, mainly from the pope.pope.

Constitution: General DefinitionConstitution: General Definition

1.1. The set of rules prescribing the The set of rules prescribing the political process government political process government institutions must follow to reach institutions must follow to reach and enforce collective agreementsand enforce collective agreements

2.2. Written or unwritten guideline Written or unwritten guideline outlining the formal rules and outlining the formal rules and institutions of government and the institutions of government and the limits placed on its powerslimits placed on its powers

Constitution CharacteristicsConstitution Characteristics Most constitutions seek to regulate the Most constitutions seek to regulate the

relationship between institutions of the state, in a relationship between institutions of the state, in a basic sense the relationship between the basic sense the relationship between the executive, legislature and the judiciary--but also executive, legislature and the judiciary--but also the relationship of institutions within those the relationship of institutions within those branches. branches.

Most constitutions also attempt to define the Most constitutions also attempt to define the relationship between individuals and the state, relationship between individuals and the state, and to establish the broad rights of individual and to establish the broad rights of individual citizens. citizens.

It is thus the most basic law of an area from It is thus the most basic law of an area from which all the other laws and rules are which all the other laws and rules are hierarchically derived; in some areas it is in fact hierarchically derived; in some areas it is in fact called "Basic Law".called "Basic Law".

Constitution ClassificationsConstitution Classifications Three Classifications of ConstitutionsThree Classifications of Constitutions

– CodifiedCodified– Partially CodifiedPartially Codified– UncodifiedUncodified

A codified constitution is one that is A codified constitution is one that is contained in a single document, which is contained in a single document, which is the single source of constitutional law in a the single source of constitutional law in a state. state.

An uncodified constitution is one that is An uncodified constitution is one that is not contained in a single document, not contained in a single document, consisting of several different sources, consisting of several different sources, which may be written or unwritten. which may be written or unwritten.

Classifications (con’t)Classifications (con’t)

The Constitution of Australia is an example The Constitution of Australia is an example of a partially codified constitution in which of a partially codified constitution in which constitutional law mainly derives from a constitutional law mainly derives from a single written document, but other written single written document, but other written documents are also considered part of the documents are also considered part of the constitution. constitution.

The Constitution of the United Kingdom is The Constitution of the United Kingdom is an example of an uncodified constitution an example of an uncodified constitution which consists of both written and which consists of both written and unwritten sources and has no single unwritten sources and has no single written fundamental document.written fundamental document.

Supreme Law of the LandSupreme Law of the Land

As the ‘basic’ of ‘fundamental’ law of the As the ‘basic’ of ‘fundamental’ law of the country, the Constitution is the supreme country, the Constitution is the supreme law of the land.law of the land.

Thus any state enactments, federal Thus any state enactments, federal statutes, regulatory policies, etc. are statutes, regulatory policies, etc. are subservient to the Constitution and are subservient to the Constitution and are null and void when they conflict with the null and void when they conflict with the Constitution.Constitution.

From this principle stems the power of From this principle stems the power of ‘judicial review.’‘judicial review.’

State ConstitutionsState Constitutions

State Constitutions are the supreme State Constitutions are the supreme law of the state.law of the state.

They take precedent over any state They take precedent over any state laws, regulations, or executive laws, regulations, or executive decisions in conflict with them.decisions in conflict with them.

In the original colonies, state In the original colonies, state constitutions had their roots back to constitutions had their roots back to the royal charters under British rule.the royal charters under British rule.

The Colonies & ConstitutionsThe Colonies & Constitutions

Colonists looked to their charters to Colonists looked to their charters to protect against British interference protect against British interference with colonial politics.with colonial politics.– In 1685, King James ordered the repeal of In 1685, King James ordered the repeal of

Connecticut’s charter and the Connecticut’s charter and the government in Hartford was dissolved.government in Hartford was dissolved.

– The colonists hid the charter (in an oak The colonists hid the charter (in an oak tree) and, following the revolution of tree) and, following the revolution of 1688, reinstituted it as their fundamental 1688, reinstituted it as their fundamental law.law.

U.S. Constitution vs. State U.S. Constitution vs. State ConstitutionsConstitutions

The U.S. Constitution specifies the organization of The U.S. Constitution specifies the organization of government, the processes of decision-making, government, the processes of decision-making, and establishes fundamental rights.and establishes fundamental rights.

While State constitutions also do this, they also are While State constitutions also do this, they also are used for specific policy-making (taxes, regulations, used for specific policy-making (taxes, regulations, education policy, gambling, etc.).education policy, gambling, etc.).

While interest groups continue to agitate for these While interest groups continue to agitate for these kinds of constitutional amendments, reforms have kinds of constitutional amendments, reforms have worked against such uses of constitutions.worked against such uses of constitutions.

U.S. ConstitutionU.S. Constitution

Two general pointsTwo general points– The Constitution was founded in The Constitution was founded in

philosophical principlesphilosophical principles

– The Constitution was founded in a series The Constitution was founded in a series of political compromisesof political compromises

Philosophy in the ConstitutionPhilosophy in the Constitution The Framers were versed in the ancient Greek The Framers were versed in the ancient Greek

and Roman philosophical texts (Aristotle, Plato, and Roman philosophical texts (Aristotle, Plato, etc.)etc.)

The Framers were strongly influenced by 17The Framers were strongly influenced by 17thth and and 1818thth century liberal philosophers on economics century liberal philosophers on economics and government (Adam Smith, David Hume, John and government (Adam Smith, David Hume, John Locke, the Baron de Montesquieu, etc.)Locke, the Baron de Montesquieu, etc.)

As such the Constitutional framework represented As such the Constitutional framework represented conscious philosophic choices:conscious philosophic choices:– Democracy as opposed to monarchy or an autocratic Democracy as opposed to monarchy or an autocratic

formform– Representative rather than direct democracyRepresentative rather than direct democracy– Encoded protection of individual libertyEncoded protection of individual liberty

The Federalist PapersThe Federalist Papers Combined Philosophy & PoliticsCombined Philosophy & Politics The Federalist PapersThe Federalist Papers are a series of 85 articles are a series of 85 articles

arguing for the ratification of the United States arguing for the ratification of the United States Constitution. They were first published serially in Constitution. They were first published serially in New York City newspapers. A compilation, called New York City newspapers. A compilation, called The FederalistThe Federalist, was published in 1788, was published in 1788

Authors wrote under the Authors wrote under the nom de plumenom de plume of of "Publius", in honor of Roman consul Publius "Publius", in honor of Roman consul Publius Valerius Publicola.. Valerius Publicola..

Most important & influential Federalist Paper was Most important & influential Federalist Paper was Federalist #10 dealing with the problem of Federalist #10 dealing with the problem of factionfaction

Democracy in the StatesDemocracy in the States

Direct Democracy: people are the government and Direct Democracy: people are the government and thus initiate and decide policy questions by popular thus initiate and decide policy questions by popular vote.vote.

Founders: Highly skeptical of direct democracy.Founders: Highly skeptical of direct democracy. ““A pure democracy can admit no cure for the A pure democracy can admit no cure for the

mischiefs of faction. A common passion or interest will mischiefs of faction. A common passion or interest will be felt by a majority, and there is nothing to check be felt by a majority, and there is nothing to check the inducements to sacrifice the weaker party. Hence the inducements to sacrifice the weaker party. Hence it is, that democracies have ever been found it is, that democracies have ever been found incompatible with personal security or the rights of incompatible with personal security or the rights of property; and have, in general, been as short in their property; and have, in general, been as short in their lives as they have been violent in their deaths.“ – lives as they have been violent in their deaths.“ – Federalist # 10Federalist # 10

Federalist 10Federalist 10 Federalist No. 10 continues the discussion of a question Federalist No. 10 continues the discussion of a question

broached in Hamilton's Federalist No. 9. Hamilton had broached in Hamilton's Federalist No. 9. Hamilton had addressed the destructive role of addressed the destructive role of faction in breaking apart a in breaking apart a republic republic

Federalist #10: Federalist #10: The Union as a Safeguard Against The Union as a Safeguard Against Domestic Faction and Insurrection." Domestic Faction and Insurrection."

He defines a faction as He defines a faction as – "a number of citizens, whether amounting to a minority or "a number of citizens, whether amounting to a minority or

majority of the whole, who are united and actuated by some majority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of of other citizens, or to the permanent and aggregate interests of the community."the community."

Federalist #10 Provided the justification for a Federalist #10 Provided the justification for a republican form of government rather than a direct republican form of government rather than a direct democracy.democracy.– In a direct democracy, there is no check against the In a direct democracy, there is no check against the

tyranny of the temporary majority against the minority tyranny of the temporary majority against the minority (see Socrates for piece de resistance)(see Socrates for piece de resistance)

Federalist #10Federalist #10

Faction cannot be suppressed without Faction cannot be suppressed without crushing liberty, and creating a crushing liberty, and creating a homogenous society is impractical and homogenous society is impractical and antipathetic to liberty. antipathetic to liberty.

Hence faction must be controlled: Hence faction must be controlled: harnessed to serve the stateharnessed to serve the state

Madison argues a small democracy cannot Madison argues a small democracy cannot avoid the tyranny of a majority factionavoid the tyranny of a majority faction

Hence a large representative republic is Hence a large representative republic is necessary to protect against factionnecessary to protect against faction

A March Away from MadisonA March Away from Madison The late 19The late 19thth and early 20 and early 20thth century saw century saw

American government take a decided shift American government take a decided shift away from Madisonian Republicanism.away from Madisonian Republicanism.

The Progressive Era saw reforms designed The Progressive Era saw reforms designed to increase popular involvement in politics:to increase popular involvement in politics:– Direct election of senatorsDirect election of senators– Voting in primaries to determine nomineesVoting in primaries to determine nominees– The inititive process (state constitutions)The inititive process (state constitutions)– The referendum process (approve legislative The referendum process (approve legislative

decisions)decisions)– Recall: remove elected officialsRecall: remove elected officials

7 Founding Principles of 7 Founding Principles of ConstitutionalismConstitutionalism

1.1. RepresentationRepresentation

2.2. Popular RulePopular Rule

3.3. Limited GovernmentLimited Government

4.4. Separation of PowersSeparation of Powers

5.5. FederalismFederalism

6.6. Federal SupremacyFederal Supremacy

7.7. Judicial ReviewJudicial Review

RepresentationRepresentation

Developed out of the theories of Hobbes & Developed out of the theories of Hobbes & LockeLocke

As Madison argues, representation is a As Madison argues, representation is a practical necessity given the size of the practical necessity given the size of the republicrepublic

Hinged on:Hinged on:– Developing diverse and competing interestsDeveloping diverse and competing interests– The nascent concept of government as umpireThe nascent concept of government as umpire

Representation is geographic-based under Representation is geographic-based under the Constitutionthe Constitution

Popular RulePopular Rule Ultimate authority rests with the people Ultimate authority rests with the people

(the people are sovereign per Locke)(the people are sovereign per Locke)– Preamble: “We the People of the United Preamble: “We the People of the United

States…”States…”– 1010thth Amendment: “The powers not delegated Amendment: “The powers not delegated

to the United States by the Constitution, nor to the United States by the Constitution, nor prohibited by it to the States, are reserved to prohibited by it to the States, are reserved to the States respectively, or to the people.”the States respectively, or to the people.”

All government officials are responsible to All government officials are responsible to the people under the Constitutionthe people under the Constitution– Congress, the most directly responsive to the Congress, the most directly responsive to the

people, is the 1people, is the 1stst branch addressed branch addressed Grew from dislike of the KingGrew from dislike of the King

Popular Rule (con’t)Popular Rule (con’t)

The colonies had a long history of popular The colonies had a long history of popular rulerule– colonial legislatures popularly electedcolonial legislatures popularly elected– 1750, they were more popular and powerful 1750, they were more popular and powerful

than most governors, who were appointed by than most governors, who were appointed by the crownthe crown

– only 3 of 13 governors served more than 1 only 3 of 13 governors served more than 1 year termyear term

– only 1 governor had veto poweronly 1 governor had veto power– most colonial legislatures dealt directly with most colonial legislatures dealt directly with

British ParliamentBritish Parliament

Limited GovernmentLimited Government

Constitution is document of specific, Constitution is document of specific, enumerated powersenumerated powers– Government is empowered to do only certain Government is empowered to do only certain

thingsthings Concept developed from writings of John Concept developed from writings of John

Locke & Adam SmithLocke & Adam Smith– Smith: Smith: An Inquiry into the Nature and Causes An Inquiry into the Nature and Causes

of the Wealth of Nationsof the Wealth of Nations Experience with assertive monarchsExperience with assertive monarchs Frontier distrust of politiciansFrontier distrust of politicians

Limited Government (con’t)Limited Government (con’t) Not satisfied with the checks in the original Not satisfied with the checks in the original

Constitution, first Congress amends it: Bill of Constitution, first Congress amends it: Bill of RightsRights

1010thth Amendment: power remains with the people Amendment: power remains with the people except for those powers specifically delegated by except for those powers specifically delegated by the Constitutionthe Constitution

Caveat: A tension between this founding Caveat: A tension between this founding principle and the demands of the 20principle and the demands of the 20thth century century emergesemerges

Door was left open for the expansion of federal Door was left open for the expansion of federal role in the economy and society:role in the economy and society:– Article 1, Section 8, Congress shall “make all laws Article 1, Section 8, Congress shall “make all laws

necessary and proper” to fulfill enumerated necessary and proper” to fulfill enumerated responsibilities.responsibilities.

Separation of Powers: Separation of Powers: Checks & BalancesChecks & Balances

Baron de Montesquieu’s Baron de Montesquieu’s trias politicatrias politica or “three branches of or “three branches of government” government”

Argued for specifically in Federalist #51: “The Structure of Argued for specifically in Federalist #51: “The Structure of the Government Must Furnish the Proper Checks and the Government Must Furnish the Proper Checks and Balances Between the Different Departments“ by Madison:Balances Between the Different Departments“ by Madison:

““In a single republic, all the power surrendered by the people In a single republic, all the power surrendered by the people is submitted to the administration of a single government; is submitted to the administration of a single government; and the usurpations are guarded against by a division of and the usurpations are guarded against by a division of the government into distinct and separate departments. In the government into distinct and separate departments. In the compound republic of America, the power surrendered the compound republic of America, the power surrendered by the people is first divided between two distinct by the people is first divided between two distinct governments, and then the portion allotted to each governments, and then the portion allotted to each subdivided among distinct and separate departments. subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. Hence a double security arises to the rights of the people. The different governments will control each other, at the The different governments will control each other, at the same time that each will be controlled by itself.” same time that each will be controlled by itself.”

Checks & BalancesChecks & BalancesBRANCHESBRANCHES POWERSPOWERS EXECUTIVE EXECUTIVE

CHECKCHECKLEGISLATIVE LEGISLATIVE

CHECKCHECKJUDICIALJUDICIAL

CHECKCHECK

ExecutiveExecutive Sole Power to Sole Power to Wage WarWage War

Civilian and Civilian and military chains military chains of command of command constrain low-constrain low-level executive level executive officials to obey officials to obey the policies of the policies of higher-ups. higher-ups.

Power to declare Power to declare war war

May declare May declare actions of the actions of the executive to be executive to be illegal and/or illegal and/or uncon.l uncon.l

LegislativeLegislative Power to write Power to write laws laws Power to enact Power to enact taxes, authorize taxes, authorize borrowing, and borrowing, and set the budget set the budget

May veto laws May veto laws (but this may be (but this may be overriddenoverriddenMay refuse to May refuse to enforce certain enforce certain laws laws May refuse to May refuse to spend allocated spend allocated moneymoney

Powers internal to Powers internal to the legislature are the legislature are split between its split between its two houses, the two houses, the Senate and the Senate and the House of House of Representatives.Representatives.

May declare May declare laws uncon. laws uncon. and and unenforceable unenforceable Determines Determines which laws which laws apply to any apply to any given case given case

JudiciaryJudiciary Sole power to Sole power to interpret the law interpret the law and apply it to and apply it to particular particular disputes disputes

Responsibility Responsibility to appoint to appoint judges judges Power to grant Power to grant pardonspardons

Power to Power to determine the size determine the size and structure of the and structure of the courts courts Power to Power to determine budgets determine budgets of the courts of the courts

May only rule May only rule in cases of an in cases of an actual dispute actual dispute brought brought between actual between actual petitioners petitioners

Checks & BalancesChecks & Balances Republican form of Government (Federalist #10)Republican form of Government (Federalist #10) A Bill of RightsA Bill of Rights

– to secure certain individual rights against the to secure certain individual rights against the governmentgovernment

Federalism (again #10)Federalism (again #10)– Division of power between state and federal Division of power between state and federal

governments guards against any one faction taking overgovernments guards against any one faction taking over Division of government into three branches Division of government into three branches

– (executive, legislature, & judiciary) as well as different (executive, legislature, & judiciary) as well as different terms and different constituencies for eachterms and different constituencies for each

CAVEAT: Are Powers *really* separate? CAVEAT: Are Powers *really* separate? – Separate Branches, Shared PowersSeparate Branches, Shared Powers

State Constitutions & Separate State Constitutions & Separate BranchesBranches

All state constitutions reflect the All state constitutions reflect the political tradition of separation of political tradition of separation of powers, but most state constitutions powers, but most state constitutions emphasize legislative over executive emphasize legislative over executive power.power.

Weak Governors: executive Weak Governors: executive branches are weakened and divided branches are weakened and divided by state constitutions.by state constitutions.

State GovernorsState Governors

Executive power is divided between Executive power is divided between the governor and many separately the governor and many separately elected executive officers (Lt. elected executive officers (Lt. Governor, Attorney General, Sec of Governor, Attorney General, Sec of State, Treasurer, etc.)State, Treasurer, etc.)

Also, there are numerous boards and Also, there are numerous boards and commissions that take on executive commissions that take on executive roles and share executive powers.roles and share executive powers.– E.g. Huckabee & Parole decisionsE.g. Huckabee & Parole decisions

State LegislaturesState Legislatures

Only Nebraska has a unicameral Only Nebraska has a unicameral legislature.legislature.

However: Note that apportionments However: Note that apportionments for the upper and lower houses of for the upper and lower houses of state governments are subject to state governments are subject to Baker v. Carr.Baker v. Carr.

In the U.S. Congress, only the House In the U.S. Congress, only the House is so limited. is so limited.

FederalismFederalism Special case of the separation of powers: Special case of the separation of powers:

division of power between state and division of power between state and national governmentsnational governments

Neither can terminate the other (both Neither can terminate the other (both have a constitutional right to existence)have a constitutional right to existence)

Developed from the writings of Developed from the writings of Montesquieu and David HumeMontesquieu and David Hume

Provided the security of Hobbes’s Provided the security of Hobbes’s Leviathan state with the democratic Leviathan state with the democratic prospects of the Athenian city-stateprospects of the Athenian city-state

Also a practical necessity following Also a practical necessity following RevolutionRevolution

Federal SupremacyFederal Supremacy One nation rather than 13 coloniesOne nation rather than 13 colonies Adopted as a resolution to the collective action Adopted as a resolution to the collective action

problems inherent to the institution of problems inherent to the institution of government under the Articles of Confederationgovernment under the Articles of Confederation– adopted March 1781adopted March 1781– no president, no Supreme Courtno president, no Supreme Court– in unicameral legislature, each state had one votein unicameral legislature, each state had one vote– even small matters required 9/13 vote (almost 70%)even small matters required 9/13 vote (almost 70%)– large matters required unanimitylarge matters required unanimity– most important --- national government could not most important --- national government could not

directly touch peopledirectly touch people relied on states for taxes, army, navy, etc.relied on states for taxes, army, navy, etc.

Fed Supremacy (con’t)Fed Supremacy (con’t)

Collective action and other problems Collective action and other problems inherent to the system became intractableinherent to the system became intractable– Who owned the land west of the of the Who owned the land west of the of the

Allegheny Mountains? VA or PA?Allegheny Mountains? VA or PA?– Tariffs created barriers to economic progress Tariffs created barriers to economic progress

between the statesbetween the states– How would troops be fed? Clothed?How would troops be fed? Clothed?– States facing internal revoltStates facing internal revolt

Shay’s Rebellion – no standing army to respondShay’s Rebellion – no standing army to respond

Constitution gave national government Constitution gave national government authority over people and statesauthority over people and states

Judicial ReviewJudicial Review What institution is final arbiter of the meaning of What institution is final arbiter of the meaning of

the Constitution?the Constitution? Constitution implies Court has this power:Constitution implies Court has this power:

– Article III, section 2: "The judicial power shall extend to Article III, section 2: "The judicial power shall extend to all Cases, in Law and Equity, arising under this all Cases, in Law and Equity, arising under this Constitution....“Constitution....“

Federalist Papers Explicit:Federalist Papers Explicit:– whenever a particular [law] contravenes the whenever a particular [law] contravenes the

Constitution, it will be the duty of the [courts] to adhere Constitution, it will be the duty of the [courts] to adhere to the latter and disregard the former.“ (N.B. A.H. to the latter and disregard the former.“ (N.B. A.H. speaking)speaking)

Derives from the notion of the social contract, Derives from the notion of the social contract, which like other contracts needs to be interpreted which like other contracts needs to be interpreted by courtsby courts

Ratification StruggleRatification Struggle

Constitution had to be ratified by 9 out of Constitution had to be ratified by 9 out of the 13 colonies in order to passthe 13 colonies in order to pass

Ratification of the Constitution was by no Ratification of the Constitution was by no means certain.means certain.

A divide of interests existed between A divide of interests existed between Federalists and Anti-FederalistsFederalists and Anti-Federalists– Federalists: large costal stages, commercial Federalists: large costal stages, commercial

interestsinterests– Anti-Federalists: smaller rural states, Anti-Federalists: smaller rural states,

agricultural interestsagricultural interests

Ratification DebateRatification Debate

Debate centered on 2 questionsDebate centered on 2 questions– Is the government structure strong Is the government structure strong

enough to work?enough to work?– Is it so strong that it will be repressive?Is it so strong that it will be repressive?

Ratification wins largely because ofRatification wins largely because of– Collective action problems of the AofCCollective action problems of the AofC– Lack of a credible alternativeLack of a credible alternative– Arguments of the Federalist PapersArguments of the Federalist Papers

Constitution: A Success!Constitution: A Success!

The success of the Constitution The success of the Constitution hinged on several important factorshinged on several important factors– Attitude of compromise in textAttitude of compromise in text– Willingness to defer tough questions for Willingness to defer tough questions for

later (i.e. slavery)later (i.e. slavery)– George WashingtonGeorge Washington– Hamilton’s Fiscal PoliciesHamilton’s Fiscal Policies

U.S. vs. State ConstitutionsU.S. vs. State Constitutions

LengthLength– State Constitution: today: 40,000 wordsState Constitution: today: 40,000 words– Average of 5,000 words in the beginningAverage of 5,000 words in the beginning– 1967 average: 27,000 words1967 average: 27,000 words– Missouri - 42,000 wordsMissouri - 42,000 words– Louisiana - 253,000 wordsLouisiana - 253,000 words– Georgia - over 500,000 wordsGeorgia - over 500,000 words– U.S. Constitution - 7,826 wordsU.S. Constitution - 7,826 words

ImplicationsImplications Frequency of AmendmentsFrequency of Amendments

– US: RareUS: Rare– STATE: FrequentSTATE: Frequent

FocusFocus– US: broad & general principlesUS: broad & general principles– STATE: narrow & specific provisionsSTATE: narrow & specific provisions

Length means confusionLength means confusion– What is fundamental law?What is fundamental law?– What can be decided by the legislature?What can be decided by the legislature?

Reserve Clause means more dutiesReserve Clause means more duties– States have broader responsibilitiesStates have broader responsibilities

AbortionAbortion sexual orientation rightssexual orientation rights

Meaning of Long ConstitutionsMeaning of Long Constitutions– Less inter-party competitionLess inter-party competition

ProblemsProblems Long ballotLong ballot

– Too many races to vote forToo many races to vote for– Executive offices at state levelExecutive offices at state level

Minor races at local levelMinor races at local level

Too many empowered boards and commissionsToo many empowered boards and commissions– Education in MO divided between legislative authority Education in MO divided between legislative authority

and DESE/CBHEand DESE/CBHE– Lack of policy coordinationLack of policy coordination

Lots of local governmentsLots of local governments– Tens of thousands of local governments and sub-Tens of thousands of local governments and sub-

governmentsgovernments Limited local government authorityLimited local government authority

Basic Needs of a ConstitutionBasic Needs of a Constitution

Bill of RightsBill of Rights An implied clause for the stateAn implied clause for the state Election requirements and criteriaElection requirements and criteria Legislative branch with Legislative branch with

reapportionment (and a unicameral reapportionment (and a unicameral legislature)legislature)

Executive branch with centralized Executive branch with centralized control under the governorcontrol under the governor

Judiciary with modern court procedures Judiciary with modern court procedures and unified rules systemand unified rules system

More NeedsMore Needs

Finance and taxation provisionsFinance and taxation provisions– Taxation, debt allowance, expendituresTaxation, debt allowance, expenditures

Determination of local authorityDetermination of local authority– Home rule can be allowedHome rule can be allowed

Public education provisionPublic education provision Merit-based civil serviceMerit-based civil service Intergovernmental relationsIntergovernmental relations Provisions for constitutional amendment Provisions for constitutional amendment

and revisionand revision

Constitutional ChangeConstitutional Change

The Methods for changing state The Methods for changing state constitutions:constitutions:– Legislative ProposalLegislative Proposal– Popular InitiativePopular Initiative– Constitutional ConventionConstitutional Convention– Constitutional commissionConstitutional commission

Legislative ProposalsLegislative Proposals

Most popular form of constitutional changeMost popular form of constitutional change Usually requires a 2/3rds vote from both Usually requires a 2/3rds vote from both

houses to pass before submission to the houses to pass before submission to the voters (some states require 3/5ths).voters (some states require 3/5ths).

Arkansas requires only a majority vote in Arkansas requires only a majority vote in both houses to submit a constitutional both houses to submit a constitutional amendment to the voters via legislative amendment to the voters via legislative proposalproposal

Arkansas Constitutional Arkansas Constitutional AmendmentsAmendments

Either branch of the General Assembly, at a regular session Either branch of the General Assembly, at a regular session thereof, may propose amendments to this Constitution; and if thereof, may propose amendments to this Constitution; and if the same be agreed to by a majority of all members elected the same be agreed to by a majority of all members elected to each house, such proposed amendments shall be entered to each house, such proposed amendments shall be entered on the journals with the yeas and nays, and published in at on the journals with the yeas and nays, and published in at least one newspaper in each county, where a newspaper is least one newspaper in each county, where a newspaper is published, for six months immediately preceding the next published, for six months immediately preceding the next general election for Senators and Representatives, at which general election for Senators and Representatives, at which time the same shall be submitted to the electors of the State, time the same shall be submitted to the electors of the State, for approval or rejection; and if a majority of the electors for approval or rejection; and if a majority of the electors voting at such election adopt such amendments, the same voting at such election adopt such amendments, the same shall become a part of this Constitution. But no more than shall become a part of this Constitution. But no more than three amendments shall be proposed or submitted at the three amendments shall be proposed or submitted at the same time. They shall be so submitted as to enable the same time. They shall be so submitted as to enable the electors to vote on each amendment separately. electors to vote on each amendment separately.

Other Forms of ChangeOther Forms of Change

Popular initiatives: introduced during the Popular initiatives: introduced during the Progressive Era: a petition method were some Progressive Era: a petition method were some percentage of the voters must sign in order for percentage of the voters must sign in order for proposal to be included on the ballot (5-15%).proposal to be included on the ballot (5-15%).

Constitutional Conventions: there have been over Constitutional Conventions: there have been over 230 state constitutional conventions (most recent 230 state constitutional conventions (most recent for Arkansas: 1874).for Arkansas: 1874).– Conventions can be limited (by legislature to a purpose) Conventions can be limited (by legislature to a purpose)

or unlimited (can replace the entire constitution)or unlimited (can replace the entire constitution)– Conventions are becoming more rare (none in the 1990’s)Conventions are becoming more rare (none in the 1990’s)– This trend is likely due to resistance to large changes, This trend is likely due to resistance to large changes,

uncertainty in the outcome, and distrust in government.uncertainty in the outcome, and distrust in government.

Other Forms of ChangeOther Forms of Change

Constitutional Revision Commissions Constitutional Revision Commissions study and recommend constitutional study and recommend constitutional changes.changes.

Usually the legislature gets to pass Usually the legislature gets to pass off on these recommendations b/f off on these recommendations b/f they go to the voters (exception: they go to the voters (exception: Florida).Florida).

These commissions have also been These commissions have also been declining in recent yearsdeclining in recent years

US vs. ARUS vs. AR

AuthorityAuthority– US: Supreme Law of LandUS: Supreme Law of Land– STATE: Subordinate to US ConstitutionSTATE: Subordinate to US Constitution– Caveat: Though states cannot restrict Caveat: Though states cannot restrict

rights under Constitution, can expandrights under Constitution, can expand

AssignmentAssignment

Look up an amendment in the Look up an amendment in the Arkansas Constitution (a link to it is Arkansas Constitution (a link to it is found on the S&L class page).found on the S&L class page).

What does the amendment do?What does the amendment do? Is there an analog for this Is there an analog for this

amendment in the U.S. Constitution?amendment in the U.S. Constitution?