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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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Bush v. Gore Introduced a Fringe Theory that Threatened Elections Decades Later
The “independent state legislature theory,” shut down in 2023 by the U.S. Supreme Court, would have robbed state courts of the power to review state laws related to federal elections.
Judging Democracy: A Former Justice Reflects on Bush v. Gore 25 Years Later
The legal battles over the 2000 presidential election were the beginning of a cautionary tale reminding us that democracy does not sustain itself.
Differences in Kansas and Missouri Show Importance of Initiative Process
Unlike Kansans, Missouri voters can use ballot initiatives to enact laws and amendments their lawmakers refuse to pass.
State Challenges to Immigration Enforcement Practices
Recent lawsuits in Wisconsin, New York, and California explore questions about the role of state law in federal immigration enforcement.
The West Virginia Constitution: Mountaineers Are Always Free
An early West Virginia constitution emancipated enslaved people in 1863, more than a year before the U.S. Constitution.
New York’s Abortion Shield Law Survives First Challenge by Texas
A New York trial court ruled against Texas in an ongoing fight over whether New York must recognize Texas’s legal judgments against New York abortion providers.
States Pass Constitutional Amendments on Redistricting, Parental Rights, Water Preservation, and More
Californians approved a much-watched amendment that allows the use of a new congressional map.
Resistance to Public Policies Assisting the Poor
Property owners have challenged programs meant to assist vulnerable populations, alleging they are unconstitutional takings of private property for public use.