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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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Texas Lawmakers’ Unusual Attempt to Halt the Execution of a Possibly Innocent Man
The state high court held that the Texas legislature’s use of its subpoena power to delay an execution violated separation-of-powers principles.
The Extra Hurdle in State Courts to Prove a Statute Violates the U.S. Constitution
Many states require a litigant challenging a statute as violating the U.S. Constitution to prove the statute is unconstitutional “beyond a reasonable doubt.”
A Win for Georgia's Gullah Geechee
The Georgia Supreme Court ruled that an island community descended from enslaved people could move forward with a referendum to overturn zoning changes that they argue will price them out of their homes.
Pennsylvania’s Radical Constitution: An Experiment in the Making
From an early embrace of popular sovereignty to current voting decisions that make national news, Pennsylvania’s constitution has long reached beyond the state itself.
Arizona Supreme Court Grapples with Challenge to “Dark Money” Disclosure Law
Voters overwhelmingly approved the law in 2022 to shed light on anonymous campaign spending from large donors.
The Vermont Constitution: Early Grievances, Notable Early Protections, Still Evolving
The state’s constitution has lasted since 1793, but recent changes rid it of the vestiges of slavery and protect reproductive rights.
How Will Federal Funding Cuts Impact State Budgets?
Fiscal provisions found in every state constitution constrain states’ ability to work around budget shortfalls.
Case Trends: State Courts Continue to Grapple with Covid-19 Policies
Courts are still weighing the constitutionality of state responses to the pandemic more than five years after its start.