State constitution (United States) in the context of "List of United States state legislatures"

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⭐ Core Definition: State constitution (United States)

In the United States of America, each state has its own written constitution. The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law.

The Tenth Amendment to the United States Constitution (part of the Bill of Rights) provides that "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." The Guarantee Clause of Article 4 of the Constitution states that "The United States shall guarantee to every State in this Union a Republican Form of Government." These two provisions indicate states did not surrender their wide latitude to adopt a constitution, the fundamental documents of state law, when the U.S. Constitution was adopted.

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State constitution (United States) in the context of U.S. state

In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons restricted by certain types of court orders, such as paroled convicts and children of divorced spouses who share child custody.

State governments in the U.S. are allocated power by the people of each respective state through their individual state constitutions. All are grounded in republican principles (this being required by the federal constitution), and each provides for a government, consisting of three branches, each with separate and independent powers: executive, legislative, and judicial. States are divided into counties or county-equivalents, which may be assigned some local governmental authority but are not sovereign. County or county-equivalent structure varies widely by state, and states also create other local governments.

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State constitution (United States) in the context of Nullification (U.S. Constitution)

Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal laws that they deem unconstitutional with respect to the United States Constitution (as opposed to the state's own constitution). There are similar theories that any officer, jury, or individual may do the same. The theory of state nullification has never been legally upheld by federal courts, although jury nullification has.

The theory of nullification is based on a view that the states formed the Union by an agreement (or "compact") among the states, and that as creators of the federal government, the states have the final authority to determine the limits of the power of that government. Under this, the compact theory, the states and not the federal courts are the ultimate interpreters of the extent of the federal government's power. Under this theory, the states therefore may reject, or nullify, federal laws that the states believe are beyond the federal government's constitutional powers. The related idea of interposition is a theory that a state has the right and the duty to "interpose" itself when the federal government enacts laws that the state believes to be unconstitutional. Thomas Jefferson and James Madison set forth the theories of nullification and interposition in the Kentucky and Virginia Resolutions in 1798.

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State constitution (United States) in the context of Admission to the Union

Admission to the Union is provided by the Admissions Clause of the United States Constitution in Article IV, Section 3, Clause 1, which authorizes the United States Congress to admit new states into the Union beyond the thirteen states that already existed when the Constitution came into effect. The Constitution went into effect on June 21, 1788, in the nine states that had ratified it, and the U.S. federal government began operations under it on March 4, 1789, when it was in effect in 11 out of the 13 states. Since then, 37 states have been admitted into the Union. Each new state has been admitted on an equal footing with those already in existence.

Of the 37 states admitted to the Union by Congress, all but six have been established within existing U.S. organized incorporated territories. A state that was so created might encompass all or part of a territory. When the people of a territory or a region have grown to a sufficient population and have made their desire for statehood known to the federal government, Congress in most cases has passed an enabling act, authorizing the people of that territory or region to frame a proposed state constitution as a step toward admission to the Union. The use of an enabling act has been a common historic practice, but several states were admitted to the Union without one.

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State constitution (United States) in the context of Initiatives and referendums in the United States

In the politics of the United States, the process of initiatives and referendums allow citizens of many U.S. states to place legislation on the ballot for a referendum or popular vote, either enacting new legislation, or voting down existing legislation. Citizens, or an organization, might start a popular initiative to gather a predetermined number of signatures to qualify the measure for the ballot. The measure is placed on the ballot for the referendum, or actual vote.

Initiatives and referendums, along with recall elections and popular primary elections, were signature reforms from the Progressive Era (1896–1917) when people sought to moderate the power of parties and political bosses. These powers are written into several state constitutions, particularly in the West. Initiatives and referendums constitute a form of direct democracy. Since 1955, states have increasingly rescinded rights to initiatives and referendums; "the strongest predictor of anti-direct-democracy proposals is Republican control of the state legislature."

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State constitution (United States) in the context of Supremacy Clause

The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers that are delegated to it by the Constitution. It is the responsibility of the United States Supreme Court in that case to exercise the power of judicial review: the ability to invalidate a statute for violating a provision of the Constitution.

The Supremacy Clause is essentially a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with federal law. Some jurists further argue that the clause also nullifies federal law that is in conflict with the Constitution, although this is disputed. The Supremacy Clause follows Article XIII of the Articles of Confederation, the predecessor of the Constitution, which provided that "Every State shall abide by the determination of the [Congress], on all questions which by this confederation are submitted to them."

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State constitution (United States) in the context of U.S. state law

In the United States, state law refers to the law of each separate U.S. state.

The fifty states are separate sovereigns, with their own state constitutions, state governments, and state courts. All states have a legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances. States retain the power to make laws covering anything not otherwise preempted by the federal Constitution, federal statutes, or international treaties ratified by the federal Senate. Normally, state supreme courts are the final interpreters of state institutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of certiorari. State courts regularly have concurrent jurisdiction with federal courts and, where applicable, apply or are also bound by federal law. State laws have dramatically diverged in the centuries since independence, to the extent that the United States cannot be regarded as one legal system (as to the majority of types of law traditionally under state control), but instead as 50 separate systems of tort law, family law, property law, contract law, criminal law, and so on.

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State constitution (United States) in the context of State court (United States)

In the United States, a state court is a court of law with jurisdiction over disputes with some connection to a U.S. state. State courts handle the overwhelming majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases. The number of cases filed in state courts each year surpasses the number of cases filed in federal courts by a factor of over two hundred. States often provide their trial courts with general jurisdiction (the hearing of all matters in which personal jurisdiction exists and which are not committed to another court) and state trial courts regularly have concurrent jurisdiction with federal courts. Federal courts are courts of limited jurisdiction and their subject-matter jurisdiction arises only under federal law.

Each state "is free to organize its courts as it sees fit," and consequently, "no two states have identical court structures." Generally, state courts are common law courts, and apply their respective state laws and procedures to decide cases. They are organized pursuant to and apply the law in accordance with their state's constitution, state statutes, and binding decisions of courts in their state court hierarchy. Where applicable, they also apply federal law, or need to make a choice of law from another jurisdiction.

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State constitution (United States) in the context of List of U.S. states by date of admission to the Union

A state of the United States is one of the 50 constituent entities that shares its sovereignty with the federal government. Americans are citizens of both the federal republic and of the state in which they reside, due to the shared sovereignty between each state and the federal government. Kentucky, Massachusetts, Pennsylvania, and Virginia use the term commonwealth rather than state in their full official names.

States are the primary subdivisions of the United States. They possess all powers not granted to the federal government nor prohibited to them by the Constitution of the United States. In general, state governments have the power to regulate issues of local concern, such as regulating intrastate commerce, running elections, creating local governments, public school policy, and non-federal road construction and maintenance. Each state has its own constitution grounded in republican principles, and government consisting of executive, legislative, and judicial branches.

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State constitution (United States) in the context of Constitution of Maryland

The current Constitution of the State of Maryland, which was ratified by the people of the state on September 18, 1867, forms the basic law for the U.S. state of Maryland. It replaced the short-lived Maryland Constitution of 1864 and is the fourth constitution under which the state has been governed. It was last amended in 2024.

At approximately 47,000 words (including annotations), the Maryland Constitution is much longer than the average length of a state constitution in the United States, which is about 26,000 words (the United States Constitution is about 8,700 words long).

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