State Constitutions in the Federal System

Abstract

State constitutionalism has undergone a certain revitalization in recent decades due to the efforts of state electorates and officials to reform and modernize state government, the willingness of many state high courts to redevelop state constitutional law as an independent body of law, and the expansion of federal constitutional law requiring adjustments in state constitutional law. State constitutions remain important as instruments of local self-government even though the field of state constitutional choice has been circumscribed by federal constitutional law. A basic distinguishing characteristic of state constitutions is their reliance on direct popular consent and control. This characteristic is a matter of conflict in state constitutional change because it produces long and detailed constitutions subject to easy popular amendment. Despite reform efforts to streamline state constitutions and limit majoritarian influences, most state electorates continue to prefer more consent and control of government under state constitutions than are available under the U.S. Constitution.