State constitutions in the United States

Last updated

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

Contents

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]

List of constitutions

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.

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.

General Information on State Constitutions [3]
Number of Ratified
Constitutions
Official nameDate of effectEstimated
length
[ words? ]
Notes
7th Constitution of the State of Alabama November 28, 1901402,852 [note 1]
1st Constitution of the State of Alaska January 3, 195913,479
1st Constitution of the State of Arizona February 14, 191247,306
4th Constitution of the State of Arkansas October 13, 187459,120
2nd Constitution of the State of California January 1, 188076,930
1st Constitution of the State of Colorado August 1, 187684,239
2nd Constitution of the State of Connecticut December 30, 196516,401
4th Constitution of the State of Delaware June 10, 189725,445
5th Constitution of the State of Florida January 7, 196949,230
10th Constitution of the State of Georgia July 1, 198341,684
1st Constitution of the State of Hawaii August 21, 195921,498 [note 2]
1st Constitution of the State of Idaho July 3, 189024,626
4th Constitution of the State of Illinois July 1, 197116,401
2nd Constitution of the State of Indiana November 1, 185111,610
2nd Constitution of the State of Iowa August 3, 185711,089
1st Constitution of the State of Kansas January 29, 186114,097 [note 3]
4th Constitution of the Commonwealth of Kentucky August 3, 189127,234
11th Constitution of the State of Louisiana January 1, 197576,730
1st Constitution of the State of Maine March 3, 182016,313 [note 4]
4th Constitution of the State of Maryland October 5, 186743,198
1st Constitution of the Commonwealth of Massachusetts October 25, 178045,283 [note 5]
4th Constitution of the State of Michigan January 1, 196431,164
1st Constitution of the State of Minnesota May 11, 185812,016
4th Constitution of the State of Mississippi November 1, 189026,229
4th Constitution of the State of Missouri March 30, 194584,924
2nd Constitution of the State of Montana July 1, 197312,790
2nd Constitution of the State of Nebraska November 1, 187534,934
1st Constitution of the State of Nevada October 31, 186437,418
3rd Constitution of the State of New Hampshire June 5, 1793 [4] 13,238 [note 6]
3rd Constitution of the State of New Jersey January 1, 194826,360
1st Constitution of the State of New Mexico January 6, 191233,198
4th Constitution of the State of New York January 1, 189549,360 [note 7]
3rd Constitution of the State of North Carolina July 1, 197117,177
1st Constitution of the State of North Dakota November 2, 188918,746
2nd Constitution of the State of Ohio September 1, 185163,140
1st Constitution of the State of Oklahoma November 16, 190784,956
1st Constitution of the State of Oregon February 14, 185949,430
4th Constitution of the Commonwealth of Pennsylvania January 1, 187426,078 [note 8]
2nd Constitution of the State of Rhode Island January 20, 198711,407
6th Constitution of the State of South Carolina January 1, 189627,421
1st Constitution of the State of South Dakota November 2, 188928,840
3rd Constitution of the State of Tennessee March 26, 187013,960
4th Constitution of the State of Texas February 17, 187692,025 [note 9]
1st Constitution of the State of Utah January 4, 189620,700
1st Constitution of the State of Vermont July 9, 17938,565 [note 10]
7th Constitution of the Commonwealth of Virginia July 1, 197122,570
1st Constitution of the State of Washington November 11, 188932,578
2nd Constitution of the State of West Virginia August 22, 187233,324
1st Constitution of the State of Wisconsin May 29, 184815,102
1st Constitution of the State of Wyoming July 10, 189026,349

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 three constitutions in 1982 [5] 1987, [6] and 2016 [7] all referring to the district as the "State of New Columbia".

Commonwealth and Territorial constitutions

Organic acts

See also

Notes

  1. Excludes the 2022 recodification of the Constitution of Alabama. The Constitution of Alabama is currently the longest active written constitution in the world, more than two-and-a-half times the length of the second-longest (the Constitution of India).
  2. Excludes the constitutions of the Kingdom of Hawaiʻi and the Republic of Hawaiʻi.
  3. The Wyandotte Constitution supplanted the rejected Topeka Constitution, Lecompton Constitution, and Leavenworth Constitution.
  4. Excludes the 1876 recodification of the Constitution of the State of Maine.
  5. The Constitution of Massachusetts is currently the world's oldest written constitution that is still in effect.
  6. 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.
  7. Excludes the 1938 recodification of the Constitution of the State of New York.
  8. Excludes the 1968 recodification of the Constitution of the Commonwealth of Pennsylvania.
  9. Excludes the constitutions of Coahuila y Tejas and of the Republic of Texas.
  10. Excludes the two constitutions of the Vermont Republic.

Related Research Articles

<span class="mw-page-title-main">Northern Mariana Islands</span> Unincorporated territory of the US

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.

A dependent territory, dependent area, or dependency is a territory that does not possess full political independence or sovereignty as a sovereign state and remains politically outside the controlling state's integral area. As such, a dependent territory includes a range of non-integrated not fully to non-independent territory types, from associated states to non-self-governing territories.

<span class="mw-page-title-main">Constitution of Puerto Rico</span> Constitution of the commonwealth and unincorporated U.S. territory

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.

<span class="mw-page-title-main">51st state</span> Proposals to admit a new state into the United States

The 51st state in American political discourse refers to the concept of granting statehood to one of the United States' territories, splitting one or more of the existing states up to form a new state, or granting statehood to the District of Columbia, thereby increasing the number of states in the Union from 50 to 51.

<span class="mw-page-title-main">Insular area</span> U.S. territory that is neither a U.S. state nor the District of Columbia

In the law of the United States, an insular area is a U.S.-associated jurisdiction that is not part of a U.S. state 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 Swan Islands, Hawaii, Puerto Rico, and the Philippines, as well as the Trust Territory of the Pacific Islands when it existed.

<span class="mw-page-title-main">Territories of the United States</span>

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 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.

<span class="mw-page-title-main">Northern Mariana Islands Commonwealth Legislature</span> Territorial legislature of the Northern Mariana Islands

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.

<span class="mw-page-title-main">District of Columbia and United States Territories quarters</span> Series of U.S. coins

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.

<span class="mw-page-title-main">Political status of Puerto Rico</span> Unincorporated territory of the United States

The political status of Puerto Rico is that of an unincorporated territory of the United States officially known as the Commonwealth of Puerto Rico. As such, the island of Puerto Rico is neither a sovereign nation nor a U.S. state.

Voting rights of citizens in Guam differ from those of United States citizens in each of the fifty states. In the U.S. House of Representatives, Guam is entitled to a delegate, who is not allowed to vote on the floor of the House, but can vote on procedural matters and in House committees. Citizens of Guam may not vote in general elections for President.

The law of the Northern Mariana Islands includes:

References

  1. "Covenant". June 17, 1975.
  2. "Proclamations". January 9, 1978.
  3. "Book of the States 2019, Chapter 1: State Constitutions". knowledgecenter.csg.org. Retrieved September 17, 2020.[ dead link ]
  4. "The Green Papers". www.thegreenpapers.com. Retrieved May 25, 2023.
  5. 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
  6. http://dccode.westgroup.com/Find/Default.wl?DocName=DCHINEWCOLUMBIACONSTITUTIONENACTED1987&FindType=W&DB=DC-TOC-WEB%3BSTADCTOC&RS=WLW2%2E07&VR=2%2E0%5B%5D
  7. Council of the District of Columbia (October 18, 2016). "Constitution and Boundaries for the State of Washington, D.C. Approval Resolution of 2016" (PDF). Retrieved September 25, 2021.
  8. "Proclamations". October 24, 1977.
  9. "American Samoa Constitution". October 17, 1960.

Further reading