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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 Puerto Rico Constitution: A Unique Territorial Framework
Though the island’s territorial constitution offers unique provisions and a focus on human rights, Congress still exerts plenary powers over Puerto Rico.
Does the Arizona Constitution Allow Juryless Trial by Bureaucrats?
A case in Arizona calls into question the constitutionality of an administrative hearing in which the owners of a business were found guilty of fraud.
State Politicians Broaden Attacks on Direct Democracy
Multiple state legislatures have taken steps to make it more difficult for citizens to amend their laws.
Attorney General Duties Are a Frequent Target of Legislative Gamesmanship
Legislatures in multiple states have stripped power from attorneys general they disagree with politically.
New York’s First Constitution Was a Reaction to British Rule
The constitution, which served as a model for parts of the U.S. Constitution, adopted many policies of the English legal system.
How the Constitution Constrains Presidential Overreach Against the States
Existing “anti-commandeering” doctrine is one avenue to challenge abuses of presidential power, but stronger arguments are rooted in the Constitution’s separation of powers.
Virginia’s Constitution: An Influential and Resurgent Declaration of Rights
The state’s supreme court has recently interpreted the constitution to provide stronger protections for rights than are guaranteed by the U.S. Constitution.
State Court Oral Arguments to Watch for in June
Issues on the dockets include partisan gerrymandering, fines and fees imposed on indigent defendants, and bans on flavored tobacco and online vision tests.