In the United States, each
state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* '' Our ...
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 is
Alabama
(We dare defend our rights)
, anthem = " Alabama"
, image_map = Alabama in United States.svg
, seat = Montgomery
, LargestCity = Huntsville
, LargestCounty = Baldwin County
, LargestMetro = Greater Birmingham
, area_total_km2 = 135,7 ...
'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
Bill of Rights
A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
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 State law refers to the law of a federated state, as distinguished from the law of the federation of which it is a part. It is used when the constituent components of a federation are themselves called states. Federations made up of provinces, can ...
, when the U.S. Constitution was adopted.
Typically state constitutions address a wide array of issues deemed by the
state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* '' Our ...
s 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
A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
, an
executive branch
The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state.
In political systems b ...
headed by a
governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
(and often one or more other
officials
An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their s ...
, such as a
lieutenant governor
A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...
and
state attorney general
The state attorney general in each of the 50 U.S. states, of the federal district, or of any of the territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney gen ...
), a
state legislature
A state legislature is a legislative branch or body of a political subdivision in a federal system.
Two federations literally use the term "state legislature":
* The legislative branches of each of the fifty state governments of the United Sta ...
, and
state courts, including a
state supreme court
In the United States, a state supreme court (known by other names in some states) is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding i ...
(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
Constitutional references to God exist in the constitutions of a number of nations, most often in the preamble. A reference to God in a legal text is called ''invocatio dei'' ('invocation of God') if the text itself is proclaimed in the name of th ...
.
Some states allow
amendments to the constitution by
initiative
In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a p ...
.
Many states have had several constitutions over the course of their history.
The
territories of the United States
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 reservation, tribal reservations as ...
are "organized" and, thus, self-governing if the
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washi ...
has passed an
Organic Act
In United States law, an organic act is an act of the United States Congress that establishes a territory of the United States and specifies how it is to be governed, or an agency to manage certain federal lands. In the absence of an orga ...
. Two of the 14 territories without
commonwealth
A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with " republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from th ...
status –
Guam
Guam (; ch, Guåhan ) is an organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. It is the westernmost point and territory of the United States (reckoned from the geographic ce ...
and the
United States Virgin Islands
The United States Virgin Islands,. Also called the ''American Virgin Islands'' and the ''U.S. Virgin Islands''. officially the Virgin Islands of the United States, are a group of Caribbean islands and an Territories of the United States, uninco ...
– are organized, but haven't 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
Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and Unincorporated ...
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
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal perso ...
, 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; 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.
__TOC__
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.
Note that constitutions of states that were independent countries prior to admission, and constitutions used by rebelling states participating in the
American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by state ...
are not counted.
Federal district charter
The
District of Columbia
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan ...
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
The District of Columbia Home Rule Act is a United States federal law passed on December 24, 1973, which devolved certain congressional powers of the District of Columbia to local government, furthering District of Columbia home rule. In par ...
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
The District of Columbia statehood movement is a political movement that advocates making the District of Columbia a U.S. state, to provide the residents of the District of Columbia with voting representation in the Congress and complete ...
have included the drafting of three constitutions in 1982 1987, and 2016 all referring to the district as the "State of
New Columbia".
Commonwealth and Territorial constitutions
* The
Constitution of the Commonwealth of Puerto Rico, July 25, 1952. It was ratified by Puerto Rico's electorate in
a referendum on March 3, 1952, approved by the United States Congress.
* The
Constitution of the Commonwealth of the Northern Mariana Islands was drafted by thirty-nine elected delegates meeting in a constitutional convention on
Saipan
Saipan ( ch, Sa’ipan, cal, Seipél, formerly in es, Saipán, and in ja, 彩帆島, Saipan-tō) is the largest island of the Northern Mariana Islands, a commonwealth of the United States in the western Pacific Ocean. According to 2020 est ...
in 1976. Their proposed constitution was subsequently ratified by Northern Mariana Islands voters on March 6, 1977, and became effective January 9, 1978. Pursuant to the provisions of Section 202 of the Covenant, the Constitution of the Northern Mariana Islands was deemed to have been approved by the Government of the United States six months after the date of submission to the president. The six-month period having expired on October 22, 1977, President Carter issued a proclamation announcing the Constitution of the Northern Mariana Islands was deemed approved.
* The
Constitution of the Territory of American Samoa The Constitution of American Samoa is the constitution that defines the government of American Samoa. Unlike constitutions of a state, it is subject to unilateral change by the federal government. Constitutional documents of the territory include t ...
was signed by 68 members of the 1960 constitutional convention and was approved by
United States Secretary of the Interior
The United States secretary of the interior is the head of the United States Department of the Interior. The secretary and the Department of the Interior are responsible for the management and conservation of most federal land along with natura ...
Fred Andrew Seaton on 27 April 1960. It became effective 17 October 1960. Several amendments to the Constitution were approved in a referendum in the general elections in 1966, subsequently by Secretary of the Interior Stewart Udall on 2 June 1967, and became effective 1 July 1967.
Organic acts
* The
Territory of Guam does not have its own constitution, but operates under the
Guam Organic Act of 1950
The Guam Organic Act of 1950, ( ''et seq.'', ) is a United States federal law that redesignated the island of Guam as an unincorporated territory of the United States, established executive, legislative, and judicial branches, and transferred ...
and other federal statutes.
* The
United States Virgin Islands
The United States Virgin Islands,. Also called the ''American Virgin Islands'' and the ''U.S. Virgin Islands''. officially the Virgin Islands of the United States, are a group of Caribbean islands and an Territories of the United States, uninco ...
, an
unincorporated organized territory, does not have its own constitution, instead operating under various federal statutes. See
politics of the United States Virgin Islands
Politics of the United States Virgin Islands takes place in a framework of a presidential representative democratic dependency, whereby the Governor is the head of the local government, and of a multi-party system. United States Virgin Islands ...
.
See also
*
*
State constitution (Australia)
In Australia, each state has its own constitution. Each state constitution preceded the federal Constitution of Australia as the constitutions of the then six self-governing colonies. Upon federation in 1901, the states ceded certain powers to ...
References
Further reading
* Bryce, James, ''viscount''. ''The American Commonwealth'' (2nd ed., rev.; London: Macmillan and Co., 1891), vol. 1, p.
13445,
83724, ''et passim''.
* Hammons, Christopher W. (1999). Was James Madison wrong? Rethinking the American preference for short, framework-oriented constitutions. ''American Political Science Review.'' Dec. 1999.
** ''The appendices to this article contain substantial data on state constitutions.''
*Robinson Woodward-Burns. 2021.
Hidden Laws: How State Constitutions Stabilize American Politics.' Yale University Press.
External links
The Green Papers: Constitutions of the statesThe Green Papers: State constitutions, an explanationThe Green Papers: Links to state constitutionsCitings of Religious Influence in First State Constitutions
{{USStateLists
State government in the United States
Constitutions of country subdivisions