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In the United States, each state has its own written constitution.
They are much longer than the United States Constitution, which only contains 4,543 words. 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 rewritten in 2022. Both the federal and state constitutions are organic texts: they are the fundamental blueprints for the legal and political organizations of the United States and the states, respectively.
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.
Typically state constitutions address a wide array of issues deemed by the states to be of sufficient importance to be included in the constitution rather than in an ordinary statute. Often modeled after the federal Constitution, they outline the structure of the state government and typically establish a bill of rights, an executive branch headed by a governor (and often one or more other officials, such as a lieutenant governor and state attorney general), a state legislature, and state courts, including a state supreme court (a few states have two high courts, one for civil cases, the other for criminal cases). They also provide general governmental framework for what each branch is supposed to do and how it should go about doing it. Additionally, many other provisions may be included. Many state constitutions, unlike the federal constitution, also begin with an invocation of God.
Some states allow amendments to the constitution by initiative.
Many states have had several constitutions over the course of their history.
The territories of the United States are "organized" and, thus, self-governing if the United States Congress has passed an Organic Act. Two of the 14 territories without commonwealth status — Guam and the United States Virgin Islands — are organized, but have not adopted their own constitutions. One unorganized territory, American Samoa, has its own constitution. The remaining 13 unorganized territories have no permanent populations and are either under direct control of the U.S. Government or operate as military bases.
The commonwealths of Puerto Rico and the Northern Mariana Islands (CNMI) do not have organic acts but operate under local constitutions. Pursuant to the acquisition of Puerto Rico under the Treaty of Paris, 1898, the relationship between Puerto Rico and the United States is controlled by Article IV of the United States Constitution. Constitutional law in the CNMI is based upon a series of constitutional documents, the most important of which are the 1976 Covenant to Establish a Commonwealth of the Northern Mariana Islands in political union with the United States of America, which controls the relationship between the CNMI and the United States; [1] and the local commonwealth constitution, drafted in 1976, ratified by the people of the CNMI in March 1977, accepted by the United States Government in October 1977, and effective from 9 January 1978. [2]
The following is a list of the current constitutions of the states in the United States. Each entry shows the ordinal number of the current constitution, the official name of the current constitution, the date on which the current constitution took effect, and the estimated length of the current constitution. Also below are a description of organic instruments with respect to additional territory.
Note that constitutions of states that were independent countries prior to admission, and constitutions used by rebelling states participating in the American Civil War are not counted.
No. | Official name | Date of effect | Notes |
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1st | Charter of the District of Columbia | December 24, 1973 |
The District of Columbia has a charter similar to charters of major cities, instead of having a constitution like the states and territories. The District of Columbia Home Rule Act establishes the Council of the District of Columbia, which governs the entire district and has certain devolved powers similar to those of major cities. Congress has full authority over the district and may amend the charter and any legislation enacted by the Council. Attempts at statehood for the District of Columbia have included the drafting of three constitutions in 1982 [5] 1987, [6] and 2016 [7] all referring to the district as the "State of New Columbia".
The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands, is an unincorporated territory and commonwealth of the United States consisting of 14 islands in the northwestern Pacific Ocean. The CNMI includes the 14 northernmost islands in the Mariana Archipelago; the southernmost island, Guam, is a separate U.S. territory. The Northern Mariana Islands were listed by the United Nations as a non-self governing territory until 1990.
The Eleventh Amendment is an amendment to the United States Constitution which was passed by Congress on March 4, 1794, and ratified by the states on February 7, 1795. The Eleventh Amendment restricts the ability of individuals to bring suit against states in federal court.
A dependent territory, dependent area, or dependency is a territory that does not possess full political independence or sovereignty as a sovereign state, yet remains politically outside the controlling state's integral area.
The Constitution of the Commonwealth of Puerto Rico is the controlling government document of Puerto Rico. It is composed of nine articles detailing the structure of the government as well as the function of several of its institutions. The document also contains an extensive and specific bill of rights. It was ratified by Puerto Rico's electorate in a referendum on March 3, 1952, and on July 25, 1952, Governor Luis Muñoz Marín proclaimed that the constitution was in effect. July 25 is known as Constitution Day.
The flag of the Commonwealth of the Northern Mariana Islands was adopted in July 1985, by the Second Northern Marianas Constitution. The NMI flag was originally designed during the year 1985. Later during that year, they finalized the draft of the flag in the last CNMI constitutional convention. This was the most symbolic moment of the annexation of the CNMI.
The 51st state is a term in American political discourse that refers to areas considered to be candidates for U.S. statehood, joining the 50 United States existing since 1959. The phrase has been applied to external territories, as well as the country's capital for the District of Columbia and parts of already-existing states which would be admitted as separate states in their own right.
In the law of the United States, an insular area is a U.S.-associated jurisdiction that is not part of the 50 states or the District of Columbia. This includes fourteen U.S. territories administered under U.S. sovereignty, as well as three sovereign states each with a Compact of Free Association with the United States. The term also may be used to refer to the previous status of the Philippine Islands and the Trust Territory of the Pacific Islands when it existed.
Territories of the United States are sub-national administrative divisions overseen by the federal government of the United States. The various American territories differ from the U.S. states and Indian reservations as they are not sovereign entities. In contrast, each state has a sovereignty separate from that of the federal government and each federally recognized Native American tribe possesses limited tribal sovereignty as a "dependent sovereign nation." Territories are classified by incorporation and whether they have an "organized" government through an organic act passed by the Congress. American territories are under American sovereignty and, consequently, may be treated as part of the United States proper in some ways and not others. Unincorporated territories in particular are not considered to be integral parts of the United States, and the Constitution of the United States applies only partially in those territories.
Commonwealth is a term used by two unincorporated territories of the United States in their full official names, which are the Northern Mariana Islands, whose full name is Commonwealth of the Northern Mariana Islands, and Puerto Rico, which is named Commonwealth of Puerto Rico in English and Estado Libre Asociado de Puerto Rico in Spanish, translating to "Free Associated State of Puerto Rico." The term was also used by the Philippines during most of its period under U.S. sovereignty, when it was officially called the Commonwealth of the Philippines.
Non-voting members of the United States House of Representatives are representatives of their territory in the House of Representatives, who do not have a right to vote on proposed legislation in the full House but nevertheless have floor privileges and are able to participate in certain other House functions. Non-voting members may vote in a House committee of which they are a member and introduce legislation.
The United States territorial courts are tribunals established in territories of the United States by the United States Congress, pursuant to its power under Article Four of the United States Constitution, the Territorial Clause. Most United States territorial courts are defunct because the territories under their jurisdiction have become states or been retroceded.
The Northern Mariana Islands Commonwealth Legislature is the territorial legislature of the U.S. commonwealth of the Northern Mariana Islands. The legislative branch of the territory is bicameral, consisting of a 20-member lower House of Representatives, and an upper house Senate with nine senators. Representatives serve two-year terms and senators serve four-year terms, both without term limits. The territorial legislature meets in the commonwealth capital of Saipan.
The District of Columbia and United States Territories quarters were a series of six quarters minted by the United States Mint in 2009 to honor the District of Columbia and the unincorporated United States insular areas of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Northern Mariana Islands. The islands commonly grouped together as the United States Minor Outlying Islands were not featured, as the law defined the word "territory" as being limited to the areas mentioned above. They followed the completion of the 50 State Quarters Program. The coins used the same George Washington obverse as with the quarters of the previous 10 years. The reverse of the quarters featured a design selected by the Mint depicting the federal district and each territory. Unlike on the 50 State quarters, the motto "E Pluribus Unum" preceded and was the same size as the mint date on the reverse.
The political status of Puerto Rico is that of an unincorporated territory of the United States. As such, the island of Puerto Rico is neither a sovereign nation nor a U.S. state. It is because of that ambiguity, the territory, as a polity, lacks certain rights but enjoys certain benefits that other polities have or lack. For instance, in contrast to U.S. states, Puerto Rico residents cannot vote in U.S. presidential elections nor can they elect their own senators and representatives to the U.S. Congress. On the other hand, in contrast to U.S. states, only some residents of Puerto Rico are subject to federal income taxes. The political status of the island thus stems from how different Puerto Rico is politically from sovereign nations and from U.S. states.
The law of the Northern Mariana Islands includes:
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