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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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Kentucky Supreme Court Strikes Down Law Meant to Steer Cases Away from ‘Liberal’ Judges
The court held that a law allowing parties to change venue in certain cases violated state constitutional separation of powers principles.
North Dakota Budget Bill Struck Down as Violation of ‘Single Subject’ Constitutional Rule
The state supreme court relied on a seldom-used state constitutional provision to upend a long-standing state legislative practice.
In Montana’s Right to Participation, the Seeds of a Better Democracy
An underappreciated constitutional provision may call for more public involvement in government decisions.
Administrative Deference in Colorado
The Colorado Supreme Court has declined to adopt the federal courts’ approach to deference.
How Texas Law Lets the State Get Around Injunctions
An unusual state court procedure allows the attorney general to undo trial court rulings just by filing an appeal.
The Constitutionality of Stripping Elected Officials of Their Power
Ohio’s legislature passed a law that eliminates most of the state board of education’s powers, potentially violating the Ohio Constitution.
Novel Justice Solutions from State Supreme Courts
State supreme courts can spur culture change and innovation that promotes access to justice.
Territorial Courts, Constitutions, and Organic Acts, Explained
There are five inhabited U.S. territories, each with its own court system and governing documents.