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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 Major Questions Doctrine in the States
State courts should hesitate before adopting the federal major questions doctrine under state law.
Judicial Advisory Opinions Explained
State and federal courts differ not just in the substantive rights they recognize but also in how they define judicial power.
Fifty Unique, Ever-Changing State Constitutions
A new resource from the State Democracy Research Initiative makes the current text of all 50 state constitutions available and searchable on one site.
New Mexico Supreme Court Adopts New Separation-of-Powers Approach to Disbursing Federal Funds
A recent decision could have a significant impact on how, and how fast, federal money is used to help people in the state.
Voters Amend State Constitutions Around the Country
Ohio enshrined a right to abortion in the state constitution.
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.