1. Politics in States and Communities (15 Ed.)
Thomas Dye and Susan MacManus

2. Democracy and Constitutionalism in the State
Chapter 2
Democracy and Constitutionalism in the State

3. Learning Objectives
Trace the constitutional tradition in the states, and list the ways in which constitutions limit governments and influence politics at the state level.
Describe the key features that state constitutions share and the limits that they place on state governments.
Examine the various methods used to change state constitutions: legislative proposals, popular initiatives, constitutional conventions, and constitutional commissions.
Trace the development of direct democracy in the states, assess the effectiveness of its variants, and compare it to representative democracy.
Evaluate whether direct or representative democracy is a better approach for governing the states.
Discuss how state initiatives have been used to move public policies in both liberal and conservative directions, and assess the current ideological trend of state initiatives.
Evaluate whether the proliferation of initiatives and initiative campaigns in some states is problematic, and trace efforts to institute congressional term limits through the initiative process.
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4. Constitutional Government in the States
All 50 states have constitutions. The state constitutions
govern governments
set government structure and organization
distribute powers among branches of the government
prescribe the rules by which decisions are made
limit the powers of government and protect the rights of citizens
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5. Background of Constitutions (1/2)
Limited Government
In our political heritage, the power of government over the individual is clearly limited, with aspects of life governments cannot regulate or interfere with.
Legal Status
State constitutions are the supreme law of the state and only subordinate to the U.S. Constitution.
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6. Background of Constitutions (2/2)
Origins of Written Constitutions
The Magna Carta in 1215 and colonial charters in the new world
Colonial History
Royal action institutionalized charters and constitutions by recognizing proprietary rights for companies, for established governments, and finally for citizens themselves.
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7. State Constitutions: General Information (1/2)

8. State Constitutions: General Information (2/2)

9. State Constitutions: An Overview
Bill of Rights
Separation of Powers
Weak Governors
Legislative Powers
Local Governments
Interest Group Regulation
Taxation and Finance
Debt Limitation
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10. State Gun Law Restrictiveness and Firearms Death Rate

11. How to Change a State Constitution
Legislative Proposal–the most common method; an amendment is passed by the legislature and put to the voters in a referendum
Popular Initiative–citizens can bypass the legislature for a direct vote if they obtain a requisite number of petition signatures
Constitutional Convention–has lost favor as a method
Constitutional Revision Commissions–rarely used but effective when attempted
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12. Success of State Constitutional Amendments by Method of Initiation

13. State Constitutional Amendments by Legislatures (1/2)

14. State Constitutional Amendments by Legislatures (2/2)

15. Democracy in the States
Democracy–refers to popular participation in government
Direct democracy–means that the people themselves can initiate and decide policy questions by popular vote
Republicanism–involves decision making by representatives of the people
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16. Direct Democracy (1/2)
Developed in states and communities following a strong populist movement
The populist and progressive reform movement
introduced a range of devices to bypass political institutions and encourage direct participation
supported women’s suffrage, civil service, and restrictive immigration laws
were responsible for adoption of the three forms of direct democracy
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17. Direct Democracy (2/2) The three forms of direct democracy are
Initiative–a percentage of voters, using a petition, may have a law or amendment placed on the ballot without legislative involvement
Referendum–electorate must approve legislative decisions before they become law
Recall–allows voters to remove an elected official before the end of his or her term
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18. Initiative and Recall in the States
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19. Direct Versus Representative Democracy
The U.S. Constitution does not provide for direct democracy measures, but many state constitutions do allow direct voting in popular initiatives and referenda voting.
Arguments for Direct Democracy
enhances government responsiveness and accountability
allows citizen groups to bring their concerns directly to public
stimulates debate about policy issues
stimulates voter interest and improves election-day turnout
increases trust in government and diminishes alienation
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20. Direct Versus Representative Democracy
Arguments for Representative Democracy
Opponents of direct democracy believe representative democracy better protects individual liberties and rights of minorities.
The Decline of Representative Government
With state legislatures and governments perceived as largely unresponsive, unethical, and dominated by special interests, popular participation in government is widely supported among the public.
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21. Keys Areas of State Initiative Efforts
Tax Limitation
Crime and Drugs
Abortion and Physician-Assisted Suicide
Same-Sex Marriage
Education and School Vouchers
Affirmative Action and Racial Preferences
Immigration
Redistricting
Eminent Domain
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22. State Votes on Selected Propositions in the 2000s
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23. State Votes on Selected Propositions in the 2000s (Continued)
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24. Initiative Campaigns
Initiative campaigns have become more sophisticated and costly.
They are often sponsored by “special interests”–specific businesses or industries; religious organizations; environmental groups; and public interest groups.
Opposition campaigns to initiatives may also be well funded by organized interests.
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25. Term-Limited State Legislators
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26. On the Web http://camlaw.rutgers.edu/statecon/frontpage.html
Center for State Constitutional Studies at Rutgers-Camden
The NBER/Maryland State Constitutions Project
Initiatives and Referendum Institute at the University of Southern California
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