Module 7 - Week 7 - Part I - Chapter review- Notes

Lawrence (Larry) E. Feirman State & Local Government

February 25,2021 Module 7- Week 7 Assignment

Highlights of Chapter 

• State Constitutions represent “Fundamental Law” (set of rules or superior to statutory law.  Those who master the regulations and procedures have a distinct advantages over novices.

• In the US system of dual constitutionalism – powers granted to the national govt. are denied to the state, although national constitution is incomplete, leaving many issues to the state, especially pertaining to finances, public education, and the organization of state & local government.

• In theory state constitutions are supreme for all matters not expressly within the jurisdiction of the national government, but congressional actions have expanded the powers of the natl. government.

• State constitutions are a mine of democratic communities.  They are distinctive in history design, and underlying premises.

• Through constitutional reform, states can elevate their role as democratic laboratories by responding to the changing needs and opinions of citizens.  This is a sharp contrast to the seldom amended federal constitution.

The Evolution of State Constitutions

• Other than the Five Nations of the Iroquois (Great Binding Law) oral, not written, there was no relevance to the colonies or precedence.

• Colonies adopted the likes of the Magna Carta, Rights of Englishmen – laid down some basic principles of colonial government.

• Fundamental Orders of 1639 contended that the choice of magistrates belongs unto the people by God’s allowance

First State Constitutions

• All but MA put their constitutions into effect without popular ratification, although of the 13 original states, MA still survives with 120 amendments.

Legislative Supremacy

• The guiding principle of the new constitutional govt’s. giving overwhelming power at the expense of governors (bad previous experiences)

Growth of Executive Power

• Legislature’s failure to address problems caused by rapid growth, Industrial Revolution, state indebtedness, bond defaults

• As Public confidence deteriorated, Executive Powers grew

• From 1800-1920 states amended their constitutions to gain back confidence and lost powers

Weakness of Constitutions

• By 1950 states were buffeted by a rising critique of their fundamental laws

• Long – extravagant, inflexible, detailed disconnected and not in harmony with one another

• Pg.53 first paragraph – State Constitutions easier to amend than Federal, yet state constitutions can me lengthy, arduous, and too detailed (GA, SC, MD, etc.)

• Interest groups can & do play a large part in the length/size of the constitution

Recap

• The constitution is the fundamental law of a state, superior to statutory law

• State constitutions evolved from the original colonial charters

• Shift from an original basis of legislative supremacy they have gradually increased executive power

• Some constitutions continue to suffer from excessive length and substantive problems