State Constitutions
Key Terms
initiative, constitutional convention, constitutional
commission
Find Out
• What are the four most important functions of
state constitutions?
• What are the basic common characteristics of
state constitutions?
State Constitutions
Understanding Concepts
Federalism Why are state constitutions lengthy
documents compared to the nation’s Constitution?
Section Objective
Explain the importance and functions of
state constitutions.
California is perhaps the state that is best
known for a provision found in many state
constitutions—proposing constitutional
amendments by popular initiative. During
the 1990s, California voters passed several
amendments that stirred public interest
across the nation. One notable example
was Proposition 209, a popular initiative
passed by the voters in 1997 by a margin
of 54 to 46 percent. Proposition 209 ended
the state’s affirmative action program in
education, hiring, and the awarding of
government contracts.
I. Importance of Constitutions (pages 637–638)
A. State constitutions create the structure of
state governments.
B. State constitutions establish local
governments, such as counties, townships,
municipalities, special districts, parishes,
and boroughs.
C. State constitutions regulate how state
and local governments can raise and
spend money.
D. State constitutions establish independent
state agencies, boards, and commissions.
I. Importance of Constitutions (pages 637–638)
Which do you think should have more power
to make decisions about local matters, state
government or local government?
Answers will vary. Students should
understand that local governments are
creations of the states.
II. Constitutional Characteristics (page 638)
A. All state constitutions have a bill of rights,
with most of the protections as in the Bill of
Rights in the Constitution of the United
States, and many states also guarantee
other rights.
B. Many state constitutions have become long
documents as a result of additions made
over the years.
C. Long state constitutions are filled with
detailed, specific provisions, often reflecting
special interest politics.
II. Constitutional Characteristics (page 638)
Do you think a state constitution should
have many or few detailed provisions?
Explain.
Answers will vary. For discussion of state
constitutions see text page 638.
III. Amendments and Changes
(pages 639–640)
A. Some state constitutions have a great number
of amendments.
B. Constitutions of the 50 states provide four
different methods of proposing amendments.
1. The most common method of proposing
amendments is by the state legislatures.
a. Eighteen states also allow the people
to propose amendments by popular
initiative.
b. Some states allow a state
constitutional convention to propose
amendments.
c. Some states use a constitutional
commission to propose amendments.
III. Amendments and Changes
(pages 639–640)
C. All states except Delaware require
ratification of amendments by popular vote;
most require a simple majority vote. When
voters rather than the legislature vote on an
issue, it is called a referendum.
III. Amendments and Changes
(pages 639–640)
What provisions would you like to see in
your state constitution?
Students should address issues or conditions
that have lasting significance.
IV. Criticism and Reform (page 640)
A. Over the years, critics have charged that
state constitutions are too long and filled
with needless detail.
B. In order to replace existing state constitutions,
most states require a constitutional
convention.
C. In most states, the legislature proposes the
convention, which the voters must approve,
and then voters, in a new election, choose
delegates to write a new document or
propose changes to the existing constitution.
D. During the 1980s, more state judges began to
interpret state constitutions independently of
the Constitution of the United States.
IV. Criticism and Reform (page 640)
Do you think state judges should interpret
state constitutions independently of the
United States Constitution? Explain.
Students should be aware that judicial
review at the state level must not violate the
national constitution.
Checking for Understanding
1. Main Idea Use a graphic organizer like the
one below to identify the purposes served by
state constitutions.
create structure of state government, establish
types of local government, regulate how state
and local governments spend money, establish
state bureaucracy
Checking for Understanding
2. Define initiative, constitutional convention,
constitutional commission.
An initiative is a method by which citizens
propose a constitutional amendment or a law.
A constitutional convention is a gathering of
citizens elected to consider changing or
replacing a constitution.
A constitutional commission is a group of
experts appointed to study a state constitution
and recommend changes.
Checking for Understanding
3. Identify state constitution.
A state constitution creates and outlines the
structure of state government.
Checking for Understanding
4. In what ways are most state constitutions alike?
They separate power into three branches, have
a bill of rights, and include much specific detail.
Checking for Understanding
5. Why are state constitutions amended more
frequently than the federal Constitution?
Because state constitutions are more detailed
and deal with more immediate and specific
concerns, they go out of date more quickly,
requiring further amendments.
Critical Thinking
6. Identifying Central Issues Why do you think
so many amendments to state constitutions
have been adopted, when the people have
been reluctant to approve of constitutional
conventions for reform?
Students might suggest that people may fear
major changes that would come with a new
constitution, preferring to revise the old one.
Federalism Many state constitutions
contain historic provisions that are no
longer applicable, such as a tax to help
veterans of the Civil War. Examine your
state constitution. Identify provisions in
the constitution that may no longer be
applicable. Do you think that states
should take the time to eliminate these
provisions? Why?