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Government Structure
State constitutions vary in how they structure state governments and distribute power among the branches of government and between the state and localities. State governments include statewide executive, legislative, and judicial branches, but also multiple county, district, municipal, and local governments.
Home rule disputes between states and localities, separation of powers among the branches of government, the limits of executive power, jurisdiction of courts, and limits on legislative authority all regularly give rise to litigation.
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The Tenacious Power of Constitutional Torts
Despite hurdles, civil rights litigation is a critical tool for people who have been harmed by the government and for those seeking long-lasting change.
How Does State and Local Law Impact Mayor Mamdani’s Policy Agenda?
New York City needs state cooperation for initiatives like free childcare and buses.
Montana’s Housing Crisis Fix Survives Constitutional Challenge
Homeowners favoring single-family residences sued to block legislation meant to increase housing supply and bring down home prices.
State Constitutions Could Bar State and Local Police Collaboration with ICE
Case law in multiple states suggests state and local officials who cooperate in federal abuses might run afoul of their own state constitutions.
The Other Declarations of 1776
A number of states adopted constitutions, including Declarations of Rights, the same year the nation was born.
Texas Two-Steps Away from Government Lawyer Accountability, Montana Does not Follow
The Texas high court cited separation-of-powers concerns when stripping a state disciplinary commission of the authority to pursue certain grievances against executive branch lawyers.
Proposed Ballot Measure Would Limit Montana Legislature from Burdening Direct Democracy
The proposed measure is in reaction to legislative efforts to make it more difficult for citizens to amend the state constitution.
State Court Oral Arguments to Watch for in March
Issues on the dockets include mid-decade redistricting, ghost guns, a challenge to a DOJ request for voter data, gender-affirming care for minors, and SpaceX rocket launches.