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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 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.
The Maryland Constitution: One of the Nation’s Oldest, Was a Model for Other States
The state’s current constitution was adopted during the Reconstruction Era as a reactionary effort to re-establish pre-Civil War government.
States, Not the President, Run Elections in America
The administration’s attempts to undermine or interfere with elections run afoul of constitutional delegations of responsibility.
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.”