State constitution (United States)

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In the United States, each state has its own written constitution.

Contents

Usually, they are much longer than the United States Constitution, which only contains 4,543 words. State constitutions are usually longer than 8,500 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 is Alabama's sixth and current constitution, ratified in 1901, about 345,000 words long. 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 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.[ citation needed ]

The territories of the United States are "organized" and, thus, self-governing if the United States Congress has passed an Organic Act. Only two of the 14 territories – Guam and the United States Virgin Islands – are organized. 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]

List of constitutions

The following is a list of the current constitutions of the United States of America and its constituent political divisions. Each entry shows the original number of the current constitution, the official name of the current constitution, and the date on which the current constitution took effect.

Federal constitution

No.Official nameDate of effectNotes
1st Articles of Confederation and Perpetual Union March 1, 1781 [3]
2nd Constitution of the United States of America March 4, 1789

State constitutions

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 nameDate of effectNotes
6th Constitution of the State of Alabama November 28, 1901
1st Constitution of the State of Alaska January 3, 1959
1st Constitution of the State of Arizona February 14, 1912
4th Constitution of the State of Arkansas October 13, 1874
2nd Constitution of the State of California January 1, 1880
1st Constitution of the State of Colorado August 1, 1876
2nd Constitution of the State of Connecticut December 30, 1965
4th Constitution of the State of Delaware June 10, 1897
5th Constitution of the State of Florida January 7, 1969
10th Constitution of the State of Georgia July 1, 1983
1st Constitution of the State of Hawaii August 21, 1959 [4]
1st Constitution of the State of Idaho July 3, 1890
4th Constitution of the State of Illinois July 1, 1971
2nd Constitution of the State of Indiana November 1, 1851
2nd Constitution of the State of Iowa August 3, 1857
1st Constitution of the State of Kansas January 29, 1861 [5]
4th Constitution of the Commonwealth of Kentucky August 3, 1891
11th Constitution of the State of Louisiana January 1, 1975
1st Constitution of the State of Maine March 3, 1820 [6]
4th Constitution of the State of Maryland October 5, 1867
1st Constitution of the Commonwealth of Massachusetts October 25, 1780 [7]
4th Constitution of the State of Michigan January 1, 1964
1st Constitution of the State of Minnesota May 11, 1858
4th Constitution of the State of Mississippi November 1, 1890
4th Constitution of the State of Missouri March 30, 1945
2nd Constitution of the State of Montana July 1, 1973
2nd Constitution of the State of Nebraska November 1, 1875
1st Constitution of the State of Nevada October 31, 1864
3rd Constitution of the State of New Hampshire June 2, 1784 [8]
3rd Constitution of the State of New Jersey January 1, 1948
1st Constitution of the State of New Mexico January 6, 1912
4th Constitution of the State of New York January 1, 1895 [9]
4th Constitution of the State of North Carolina July 1, 1971
1st Constitution of the State of North Dakota November 2, 1889
2nd Constitution of the State of Ohio September 1, 1851
1st Constitution of the State of Oklahoma November 16, 1907
1st Constitution of the State of Oregon February 14, 1859
4th Constitution of the Commonwealth of Pennsylvania January 1, 1874 [10]
2nd Constitution of the State of Rhode Island and Providence Plantations May 2, 1843
6th Constitution of the State of South Carolina January 1, 1896
1st Constitution of the State of South Dakota November 2, 1889
3rd Constitution of the State of Tennessee March 26, 1870
4th Constitution of the State of Texas February 17, 1876 [11]
1st Constitution of the State of Utah January 4, 1896
1st Constitution of the State of Vermont July 9, 1793 [12]
7th Constitution of the Commonwealth of Virginia July 1, 1971
1st Constitution of the State of Washington November 11, 1889
2nd Constitution of the State of West Virginia August 22, 1872
1st Constitution of the State of Wisconsin May 29, 1848
1st Constitution of the State of Wyoming July 10, 1890

Federal district charter

No.Official nameDate of effectNotes
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 two constitutions in 1982 [13] and 1987, [14] both referring to the district as the "State of New Columbia".

Commonwealth and Territorial constitutions

Organic acts

See also

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Political status of Puerto Rico Unincorporated territory of the United States

The political status of Puerto Rico is that of an unincorporated territory of the United States. As such, the island is neither a sovereign nation nor a U.S. state. 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 sovereign nations, Puerto Rico does not have voting rights in its federal legislature nor in electing its federal head of state. But, 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.

References

  1. "Covenant". June 17, 1975.
  2. "Proclamations". January 9, 1978.
  3. Despite its very different title, the United States Articles of Confederation and Perpetual Union, adopted on November 15, 1777, and ratified on March 1, 1781, was actually the first constitution of the United States of America. See Christian G. Fritz, American Sovereigns: The People and America's Constitutional Tradition Before the Civil War (Cambridge University Press, 2008) at p. 131 ISBN   978-0-521-88188-3 (noting that "Madison, along with other Americans clearly understood" the Articles of Confederation "to be the first federal Constitution.")
  4. Excludes the constitutions of the Kingdom of Hawaiʻi and the Republic of Hawaiʻi.
  5. The Wyandotte Constitution supplanted the rejected Topeka Constitution, Lecompton Constitution, and Leavenworth Constitution.
  6. Excludes the 1876 recodification of the Constitution of the State of Maine.
  7. The Constitution of the Commonwealth of Massachusetts is currently the world's oldest written constitution that is still in effect.
  8. The first Constitution of the State of New Hampshire, adopted on January 5, 1776, was the first written constitution for an independent state in the New World and set the stage for the United States Declaration of Independence the following summer.
  9. Excludes the 1938 recodification of the Constitution of the State of New York.
  10. Excludes the 1968 recodification of the Constitution of the Commonwealth of Pennsylvania.
  11. Excludes the constitution of the Republic of Texas.
  12. Excludes the two constitutions of the Vermont Republic.
  13. http://dccode.westgroup.com/toc/default.wl?oFindType=V&oDocName=DC&oDB=DC%2DST%2DWEB%3BSTADC&DocName=DC010463193&FindType=X&DB=DC-TOC-WEB%3BSTADCTOC&RS=WLW2%2E07&VR=2%2E0%5B%5D
  14. http://dccode.westgroup.com/Find/Default.wl?DocName=DCHINEWCOLUMBIACONSTITUTIONENACTED1987&FindType=W&DB=DC-TOC-WEB%3BSTADCTOC&RS=WLW2%2E07&VR=2%2E0%5B%5D
  15. "Proclamations". October 24, 1977.
  16. "American Samoa Constitution". October 17, 1960.

Bibliography