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State constitution. A state constitution is the governing document of a U.S. state, comparable to the United States Constitution which is the governing document of the United States. Some states have had multiple constitutions and since each state drafts its own, there is great diversity between them, though all have some basic concepts in common.
- Michigan Constitution
A state constitution is the fundamental document that...
- Texas Constitution
The fourth state constitutional convention was held in...
- Oklahoma Constitution
A state constitution is the fundamental document that...
- California Constitution
The California Constitution is the state constitution of...
- Arkansas Constitution
The constitution created at that convention was ratified by...
- Wyoming Constitution
The Wyoming Constitution can be amended with a legislative...
- Michigan Constitution
State constitutions are all longer than 8,000 words because they are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont, adopted in 1793 and currently 8,295 words long. The longest was Alabama 's sixth constitution, ratified in 1901, about 345,000 words long, but ...
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What is the Constitution of the United States?
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What powers does the Constitution give the federal government?
What is a federal government?
Another basic concept embodied in the Constitution is federalism, which refers to the division and sharing of power between the national and state governments. 1. By allocating power among state and federal governments, the Framers sought to establish a unified national government of limited powers while maintaining a distinct sphere of ...
Mar 22, 2024 · The purpose of a state's constitution and the inherent powers of the state are the main topics discussed in this concise study guide. It examines the executive, legislative and judicial branches of a state government and looks at how to amend a state constitution. A model constitution is included in the appendix.
- Jennifer Krombach
- 2015
- Overview
- Enumerated vs. implied powers
- Key documents to know
- Key cases to know
- Key takeaways from this lesson
- Review questions
A high-level overview of the key terms, themes, and concepts in this lesson.
Federalism is the distribution of power between the federal government and state governments. However, the Constitution does not create clear-cut lines for which types of policy fall under each level of government.
What's the difference between enumerated and implied powers, and why should we care?
Here's a real-world example: Say that your parents tell you that they'll pay for you to get ice cream with your friends. Awesome!
You make a plan with your friends, wait for the bus to head downtown, pay the fare, ride to the ice cream shop, get ice cream, and come back by the bus. When you get home, you tell your parents that the ice cream cost you $5 and the bus fare came to $4, so you need $9, please.
Your parents respond, "We only said we'd pay for ice cream! We didn't say we'd pay for you to get to the ice cream shop. We only owe you $5."
But how could you have gotten ice cream with your friends if you couldn't get to your friends? Well, maybe you could have bought a half-gallon of ice cream and invited your friends over . . . although you still would have had to go to the grocery store to do that, too. Is it even possible to get ice cream without going through some other step?
This is the essence of enumerated vs. implied powers: enumerated powers are those things that the Constitution explicitly says Congress can do (in Article I): levy taxes, regulate commerce with other nations, borrow and coin money, establish post offices, raise an army, and declare war, among other things.
Constitution (1787) — The fundamental laws and principles that govern the United States. The document resulted from several compromises between Federalists and Anti-Federalists in the Constitutional Convention.
McCulloch v. Maryland (1819) — Supreme Court case which guaranteed the supremacy of federal laws over state laws and declared that Congress has implied powers not listed in the Constitution in order to fulfill their enumerated powers.
US v. Lopez (1995) — Supreme Court case which stopped Congress from using the commerce clause to ban guns in schools
Questions about federalism: Federalism refers to the distribution of power between the federal government and the state governments. The Constitution sketches a federal framework that aims to balance the forces of decentralized and centralized governance in general terms. However, the Constitution does not flesh out standard operating procedures that say precisely how the states and federal governments are to handle all policy contingencies imaginable.
Therefore, officials at the state and national levels have had some room to maneuver as they operate within the Constitution’s federal design. This has led to changes in the configuration of federalism over time, changes corresponding to different historical phases that capture distinct balances between state and federal authority.
Enhancing federal power: When the Constitution was ratified, there were still debates between the Federalists and the Democratic-Republicans in Congress about how much power the federal government should have.
Interpretations of particular clauses in the Constitution have led to an increase in federal power over time. The necessary and proper clause gives the federal government power to create laws that they deem “necessary and proper,” while the commerce clause gives the federal government power over interstate commerce.
In McCulloch v. Maryland (1819), the Supreme Court ruled that the federal government had implied powers to fulfill the duties of their enumerated powers. Later, the federal government enhanced its power over the states by passing the Fourteenth Amendment, which prevented the states from infringing on the rights of individuals.
Enhancing state power: Concerns over a strong central government motivated Anti-Federalists to argue for the inclusion of a Tenth Amendment in the Bill of Rights. The Tenth Amendment guaranteed that all powers not granted to the federal government are state powers.
What constitutional arguments has the Supreme Court used to enhance or limit federal power over time?
What is the difference between enumerated and implied powers?
How did the Fourteenth Amendment give the federal government more power over the states?
[Notes and attributions]
Oct 12, 2016 · The Constitution of the United States contains a preamble and seven articles that describe the way the government is structured and how it operates. The first three articles establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President,) and Judicial (Federal court system). A system of ...
The Constitution of the United States is the supreme law of the United States. [3] It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the national frame and constrains the powers of the federal government.
