Part V State Constitutional Amendment and Revision, 14 Judicial Involvement in State Constitutional Amendment and Revision

2009 ◽  
Author(s):  
Williams Robert F
Keyword(s):  
The State ◽  
Constitutional Amendment ◽  
Single Subject ◽  
Constitutional Change ◽  
Processes Of Change ◽  
Federal Level ◽  
State Constitutions ◽  
State Constitution ◽  
Generally True

This chapter discusses the extensive judicial involvement in litigation considering the substance and procedure of state constitutional amendment and revision. Some processes of state constitutional change can only be utilized, for example, to amend the state constitution but not to revise it. This is generally true for the initiative. Litigation therefore arises over whether an initiated change is a valid amendment or an invalid revision. Also, state constitutions contain a number of procedural requirements and limitations on the processes for their change, such as single-subject and separate-vote requirements. These procedural restrictions are enforced by the courts through litigation. This level of judicial involvement in the processes of state constitutional change is unlike that at the federal level, for change does not occur very often and challenges to the federal processes of change are generally viewed as non-justiciable political questions.

Part V State Constitutional Amendment and Revision, 13 Amending and Revising State Constitutions

2009 ◽  
Author(s):  
Williams Robert F
Keyword(s):  
20Th Century ◽  
Constitutional Amendment ◽  
Constitutional Change ◽  
Constitutional Convention ◽  
Modern Times ◽  
State Constitutions ◽  
State Constitution ◽  
Legislative Proposal ◽  
Initiative Process ◽  
Constitutional Conventions

This chapter discusses the variety of mechanisms available to propose changes to state constitutions. Amendments or revisions of state constitutions can be accomplished through legislative proposal, constitutional convention proposal, constitutional commission proposal, and the initiative in states that permit it. In all states other than Delaware, the electors must approve changes to the state constitution. The chapter reviews the use of limited state constitutional conventions, and constitutional commissions. Constitutional revision processes in a variety of states during the 20th century are discussed, together with general lessons that can be derived from those experiences. The chapter describes difficulties faced in modern times with state constitutional amendment and revision, including popular distrust of constitutional conventions and other constitution-making processes. Several proposed improvements to the initiative process for state constitutional change also discussed.

State Constitution Revision: An Exercise in Federalism and Sovereignty

1988 ◽  
Vol 1 (4) ◽  
pp. 9-10
Author(s):  
J. A. Myers
Keyword(s):  
Local Government ◽  
The State ◽  
Executive Power ◽  
National State ◽  
State Constitutions ◽  
State Constitution ◽  
Legislative Oversight ◽  
State And Local Government ◽  
State And Local ◽  
As If

Experience with the concepts of federalism and sovereignty is usually limited to readings and lectures, especially in a class of undergraduates. Since these two concepts are the foundation of American governmental structure on all levels, I want to ensure that the students grasp them. I feel that students have a better grasp of information and its application when they can actually use the information themselves. I have developed the following exercise to explore federalism and sovereignty issues: posing a question concerning a state's revision of its constitution to the students as if they were on the state's constitution revision commission. The lively debates and discussions that ensue cover not only the main issues of sovereignty and federalism but encompass the use (and misuse) of executive power, legislative oversight, and commissions—all concepts that are critical to the study of American national, state and local government.Towards the end of a class focusing on constitutions (and after a class covering the basics of federalism), the stage is set by talking about state constitution revisions and the trend toward simpler “plain English” state constitutions. (Note: This can be adapted for county/city/town charter revisions also.) The class is told that the instructor is the governor of the State of Confusion, and they have been gathered to form the State of Confusion's Constitution Revision Commission. The first section the commission will address at the next meeting is the following:

scholarly journals Florida's Property Tax Reform: Local Government Impacts of the Proposed Constitutional Change

EDIS ◽  
2008 ◽  
Vol 2008 (1) ◽  
Author(s):  
Rodney L. Clouser
Keyword(s):  
Local Government ◽  
Tax Reform ◽  
Property Tax ◽  
Resource Economics ◽  
The State ◽  
Constitutional Amendment ◽  
Constitutional Change ◽  
Fact Sheet ◽  
The Impact

FE707, a 7-page fact sheet by Rodney L. Clouser, is part of the Florida’s Property Tax Reform series. It reports changes in the estimated cost of the proposed constitutional amendment and informs about the impact of proposed changes to the Florida Constitution that will be voted on by the state citizens on January 29, 2008. Includes references. Published by the UF Department of Food and Resource Economics, January 2008.

scholarly journals El procedimiento de enmienda constitucional en las constituciones estatales de Estados Unidos: particularidades de los procesos y mecanismos de participación ciudadana

2020 ◽  
pp. 485
Author(s):  
Roberto Viciano Pastor ◽  
Diego González Cadenas
Keyword(s):  
United States ◽  
The United States ◽  
The State ◽  
Theory And Practice ◽  
Constitutional Amendment ◽  
Popular Participation ◽  
State Constitutions

Este artículo tiene por objeto detallar los variados mecanismos de enmienda constitucional en las constituciones estatales de Estados Unidos. Se hace especial énfasis en los mecanismos de participación popular directa. El constitucionalismo, en la teoría y práctica estadounidense, está profundamente ligado a la participación popular.The purpose of this article is to detail the various mechanisms of constitutional amendment in the state constitutions of the United States. Special emphasis is placed on analyzing the mechanisms of direct popular participation. Constitutionalism, in American theory and practice, is deeply tied to popular participation.

scholarly journals Living Constitution in Indonesia: The Study of Constitutional Changes Without A Formal Amendment

Lentera Hukum ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 69
Author(s):  
Muhammad Addi Fauzani ◽  
Nur Aqmarina Deladetama ◽  
Muhammad Basrun ◽  
Muhammad Khoirul Anam
Keyword(s):  
House Of Representatives ◽  
The State ◽  
Constitutional Amendment ◽  
Constitutional Court ◽  
Constitutional Change ◽  
Political Will ◽  
Constitutional Convention ◽  
State Institutions ◽  
The Government ◽  
Constitutional Changes

The discussion regarding the living constitution in Indonesia has been increasingly important. The importance of this discussion deals with to the extent it has developed, particularly after Indonesia's constitutional amendment from 1999 to 2002. The current study of constitutional change in Indonesia, as a result of the constitutional amendment during Reformation, adds an emphasis on its change without a formal amendment. Thus, this paper will discuss the urgency of enforcing the amended 1945 Constitution in the lens of the living constitution and how to uphold it through the living constitution. This study uses doctrinal research and, in examining the case, it uses the statutory and conceptual approaches. The result of the study shows that the urgency of upholding the constitution through the living constitution relies on the concept of the living constitution that can dynamize the 1945 Constitution. In response to difficulties to formally amend the 1945 Constitution that depends on political will and rigid juridical condition, there should be a shift in the method of interpretation of the constitution by the Constitutional Court judges, from originalism to the living constitution. The enforcement of the 1945 Constitution through the living constitution can apply the constitutional convention and the interpretation by constitutional judges. This study suggests that the Government and the House of Representatives and other relevant state institutions can use the living constitution, by taking into account the constitutional convention is a source in the organization of the state to patch up the weaknesses of the constitution. Keywords: Living Constitution, Constitutional Changes, Formal Amendment.

Sufficiency Certification of Initiative Signatures in Oklahoma

1937 ◽  
Vol 31 (1) ◽  
pp. 65-70
Author(s):  
Cortez A. M. Ewing
Keyword(s):  
Old Age ◽  
The State ◽  
Constitutional Rights ◽  
State Constitutions ◽  
State Constitution ◽  
Conflicting Interests ◽  
Old Age Pensions ◽  
Direct Legislation

The establishment of equitable rules whereby the constitutional rights of affected interests may be protected against arbitrary invasion from laws adopted by the electorate under the reserved legislative powers of the initiative and referendum remains the most important procedural question in the whole field of direct legislation. In reserving the authority to initiate constitutional and statutory measures without the approval or consent of the popular assembly, and to enact such measures through the medium of a popular referendum, the popular sovereign has created a mechanic of legislation coördinate in authority with the legislature. But in erecting barriers against fraudulent and corrupt practices upon the part of those engaged in the initiation of proposed measures, the state constitutions and laws present the possibility of obstructionist tactics by opponents of the proposals and undue delay in the presentation of the measures to the electorates for decision. The recent political imbroglio in Oklahoma over the adoption of an old-age-pensions amendment to the state constitution emphasizes the difficulties of reconciling these conflicting interests.

The Colorado State Constitution

2020 ◽  
Author(s):  
Richard Collins ◽  
Dale Oesterle
Keyword(s):  
Direct Democracy ◽  
The United States ◽  
The State ◽  
Home Rule ◽  
State Constitutions ◽  
State Constitution ◽  
Federal Constitution ◽  
History Of ◽  
The Many ◽  
Strong System

The Colorado State Constitution (2020) is the second edition of the state’s contribution to The Oxford Commentaries on the State Constitutions of the United States. The book opens with a detailed history of the constitution that focuses on events and amendments that transformed the state. As expected in the West, it features some lively adventure stories. Since the first edition in 2002, the state’s population has grown by more than a third. The book explains the many new challenges its legal system has faced. The main section analyzes in detail every provision of the constitutional text. All relevant judicial interpretations are examined. A comprehensive index and a table of cases guide researchers. Interaction with the federal Constitution is carefully explained. Background and interpretations of Colorado’s complex and unique tax revolt, known as TABOR, are carefully analyzed. The state’s extensive provisions for direct democracy, the initiative, veto referendum, and recall of elected officials, are studied in detail. The Colorado Bill of Rights is fully reviewed. The state’s strong system for constitutional home rule for cities, counties, and towns is examined from its adoption into today’s governing system. The state’s strong system for all levels of public education is explained. Its leadership in the marijuana legalization movement is another subject well covered.

The Architecture of Constitutional Amendment

2019 ◽  
pp. 175-228
Author(s):  
Richard Albert
Keyword(s):  
Constitutional Amendment ◽  
Single Subject ◽  
Constitutional Change ◽  
Single Track ◽  
Constitutional Amendments ◽  
Deep Dive ◽  
Alternative Design ◽  
Expressive Function ◽  
Important Relationship ◽  
Better Than

Constitutional amendment rules were once very simple in their design. A constitution codified a one-size-fits-all procedure for amendments to any part of the constitution, and that was it. Today, amendment rules are considerably more complex in their design and in the possibilities they offer constitutional designers for structuring their rules of constitutional change. This chapter examines the architecture of constitutional amendment, specifically the options available to constitutional designers to build their own rules of change. This chapter also weighs the strengths and weaknesses of these options and offers some guidance on when one choice may be better than another. This chapter compares single-track and multi-track pathways in constitutional amendment, single-subject and omnibus amendment bills, and procedures for amendment and dismemberment. This chapter also explains why codified unamendability is problematic for democracy and suggests an alternative design that can achieve the expressive function of unamendability while not denying the fundamental right of amendment. This chapter moreover examines the important relationship between time and change, namely how constitutional designers can use and manipulate time in their design of amendment rules. Finally, this chapter explores judicial review of constitutional amendments, beginning first by explaining eight strategies a court can use to invalidate an amendment and then elaborating several alternatives to the judicial invalidation of constitutional amendments. What results is a deep dive into the design of amendment rules. This chapter considers constitutions from around the globe.

The Role of Constitutional Features in Judicial Review

2018 ◽  
Vol 18 (4) ◽  
pp. 351-370
Author(s):  
Adam R. Brown
Keyword(s):  
Judicial Review ◽  
The State ◽  
State Supreme Courts ◽  
Supreme Courts ◽  
State Constitutions ◽  
State Constitution ◽  
American State

American state constitutions vary tremendously in their length, amendment rate, and age. These three variables—especially the first two—strongly influence the rate at which state supreme courts strike down state actions for violating the state constitution. Longer, more detailed constitutions reduce policy flexibility, increasing judicial invalidations; rarely updated constitutions may fail to address modern concerns, increasing invalidations; and recently adopted constitutions may contain fragile logrolls and similar shortcomings, also increasing invalidations. These findings add new considerations to a rich literature on judicial review in state supreme courts.

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