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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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Scholarship Roundup: End of Semester Edition
Recent articles address states taking policy questions away from courts, standing in election cases, and state shadow dockets.
One Simple Way to Support State Constitutionalism
A symposium grapples with practical barriers to state constitutional development.
Georgia Courts to Consider Legislative Oversight of Prosecutorial Discretion — Again
District attorneys in Georgia are challenging a statute that allows elected prosecutors to be disciplined and removed for their prosecutorial decisions and speech.
The Major Questions Doctrine in Michigan
A Michigan appellate court declined to apply the major questions doctrine for now but left open the possibility of its future adoption.
A Conversation with Former Texas Chief Justice Wallace B. Jefferson
Jefferson spoke about judicial independence, the under-funding of courts, and the need for greater access to counsel.
Wisconsin’s Legislative Vetoes Go to Court
The Wisconsin Supreme Court is set to decide whether a legislative committee can override executive branch decisions.
To Prepare for Emergency, States Must Resolve Constitutional Ambiguities
Thirty-five state constitutions contain provisions that allow lawmakers to take extraordinary action in emergencies, but the full extent of these powers hasn’t been tested.
State Supreme Court Oral Arguments to Watch for in April
Issues on the dockets include voting rights, abortion rights, and separation of powers.