Roots of State Constitutions

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Transcript Roots of State Constitutions

Chapter 3: State Constitutions
• Roots of State
Constitutions
• Amending State
Constitutions
• Politics of
Constitutional
Revision
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
The Roots of State Constitutions
LO 3.1
LO 3.1 Compare and contrast the U.S.
Constitution and state constitutions.
Roots of State Constitutions
• colonial charters—Mass/NH still used
• Models for US Constitution
• Constitutions as Straitjackets—halt growth
• Outdated detailed provisions Include matters that
should be statutory
• Thus require more amendments (ave:140)
• The New Judicial Federalism—can go beyond U.S.
Constitution in rights thru state court interpretation
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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LO 3.1
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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LO 3.1
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
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Amending State Constitutions
LO 3.2
LO 3.2 Outline the processes used to amend
state constitutions.
Amending State Constitutions
• Legislative Proposals—75% pass voters
• Initiative Petitions—about 1/3 pass
• Constitutional Conventions
• 41 states allow—some require
• Only 1 since 2000 (R.I. in 2004)
• Package approval or each one separately?
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The Politics of Constitutional
Revision
LO 3.3
LO 3.3 Evaluate the states’ recent attempts at
constitutional revision.
The Politics of Constitutional Revision
• Two types of proposed amendments
• Focused on streamlining or modernizing
the constitution—opposed by groups
favoring the status quo—e.g. school
integration in Alabama
• Targeting specific policy issues rather than
institutional reforms—e.g. gay marriage
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Judicial federalism entails ___
interpreting state constitutions.
LO 3.1
A. The U.S. Supreme Court
B. Congress
C. State supreme courts
D. State legislatures
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Judicial federalism entails ___
interpreting state constitutions.
LO 3.1
A. The U.S. Supreme Court
B. Congress
C. State supreme courts
D. State legislatures
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Which method of amending
happens most often?
LO 3.2
A. Legislative proposals
B. Initiative petitions
C. Constitutional conventions
D. All of the above
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Which method of amending
happens most often?
LO 3.2
A. Legislative proposals
B. Initiative petitions
C. Constitutional conventions
D. All of the above
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Amending is ____ than/from
maintaining the status quo.
LO 3.3
A. Easier
B. More difficult
C. No different
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Amending is ____ than/from
maintaining the status quo.
LO 3.3
A. Easier
B. More difficult
C. No different
Copyright © 2011 Pearson Education, Inc. Publishing as Longman
Back to learning objectives