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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.
Filters
Does the ICE Crackdown in Minnesota Violate the Tenth Amendment?
Although a federal judge declined to issue a preliminary injunction requested by Minnesota and the Twin Cities, the plaintiffs should still prevail on their claims that the federal government’s actions there are unconstitutional.
State Court Oral Arguments to Watch for in February
Issues on the dockets include affirmative action, partisan gerrymandering, unaffordable bail, and juryless agency trials.
When Can States Prosecute Federal Agents?
Federal precedent permits such prosecutions in limited circumstances, but the legal bar remains high.
New Year Scholarship Roundup: Federal-State Conflict, State Courts, and Election Administration
Several new articles explore state power in times of federal-state and interstate conflict.
Federalism and State Constitutional Rights in 2026
The killing of Renee Good by a federal immigration agent thrust into the spotlight questions about when and how states can hold federal officials accountable.
Voting Rights and Democracy in State Courts
Transcript of panel from Symposium: The Power of State Constitutional Rights
State Constitutional Amendments and State Conventions
Transcript of panel from Symposium: The Power of State Constitutional Rights
The Diversity of Rights in State Constitutions
Transcript of panel from Symposium: The Power of State Constitutional Rights