1. The State Constitutions State & Local Government

2. History Each of the 50 American states has a written constitution. These have a history dating back to our independence in 1776. Since that time about 150 different constitutions have been written by the states. Remember, that no provision of a state constitution may conflict with any form of federal law!

3. Even though the first state constitutions differed in many ways, they all shared many of the same features, including the following principles: Popular sovereignty Limited government Separation of powers Checks and balances

4. The State Constitutions Today Of the 50 state constitutions, only 17 have been written since 1900. Most have been amended dozens of times. Most all contain the following categories: Basic principles oPopular sovereignty oLimited government oSeparation of powers oChecks and balances oJudicial review

5. Sections of State Constitutions Bill of Rights Governmental structure Powers of the State Suffrage & Elections The Legislature The Executive Branch The Judicial Branch Finance Local Governments Public Education Civil Service Etc…….

6. Governmental powers and processes What powers of the branches have, and what are the processes of the elections, legislation, etc… Processes for change How can the constitution be amended Miscellaneous provisions

7. Amending the Constitutions The constitutions of the states have altered for years by both the formal and the informal amendment process. However, the informal process has not been nearly so important at the state level as at the national level. The state constitutions are much less flexible, and are much more rigid and detailed than is the national constitution. The state courts have also tended to be much more strict in their role as constitution interpreters.

8. The following terms are important to know: Proposal - Proposals for change may be made by a constitutional convention, by the state legislature, and (in several states) by the voters themselves. Ratification - This is done by the voters in every state except Delaware. Amendment - This refers to a limited change dealing with only one or a few provisions in a constitution. Revision - This is used to describe changes made of a broader scope, such as an entirely new document.

9. Constitutional convention is the usual device by which new constitutions have been written and old documents revised. There have been over 230 conventions held in the states. In every state the legislature has the power to call a convention. The people of a state will generally vote three times during the process of constitution-making by convention: To authorize the calling of the convention. To elect delegates. To ratify or reject the finished document.

10. Amendments are proposed in one of the following ways: Conventions Legislature Voter Initiative (In 17 states - not Kansas) Kansas voters have ratified 93 of 123 proposed amendments sent to them. Ratification of proposed amendments is by the voters in every state except Delaware. Typically it only takes a majority vote, but in some states more than a simple majority is needed.

11. The Need for Reform Most all the state constitutions are in need of reform. The typical document is outdated (the Kansas Constitution was written in 1861). Because of their age, they are usually cluttered unnecessarily detailed provisions and obsolete sections. Some of the newer constitutions do little more than carry over many of the same old provisions from earlier documents with little or no change. The two major problems with state constitutions are: length age.

12. Length Problems: Most of the current constitutions are between 15,000 and 40,000 words – average length is 27,000 words. Longest is Alabama @ 350,000 words Kansas is 12,000+ words Distrust of government has left to very detailed additions to constitutions. Special interest groups have found a safe haven by having items of interest put into constitutions, instead of a simple statute. Court decisions. The functions performed by state and local governments have grown through the years. The use of the Initiative (where it is available).

13. Solutions: Make distinctions between fundamental law (that which is of lasting importance), and statutory law - which should be the subject of laws passed by legislatures. Revise or rewrite to get rid of all the 'dead letter' laws (laws which are no longer used, but are still in the constitutions). Age The average age of the 50 state constitutions is about 100 years. Because of their age, they often contain redundant articles.