The Forgotten Constitutions That Shape Everyday Life

Introduction

When we think about constitutional law in America, we often think about the U.S. Constitution. Supreme Court cases are front-page news; disputes about the First or Second Amendment dominate political discourse; and, in school, we memorize famous federal court decisions. But, every state has its own constitution.

These state constitutions typically get less attention than they deserve, even though they touch on many issues more relevant to the ordinary citizen. Education, elections, criminal law, taxes, and the organization of state governments are all areas in which a state constitution may contain provisions that go beyond – or, in some cases, even contradict – the federal constitution. Furthermore, while the U.S. Constitution contains a list of rights that the federal government cannot violate, courts in individual states have also ruled that certain rights are even more extensive than those spelled out in the federal constitution. All of this helps explain why America has two constitutions – and why, in at least one respect, they are not entirely equal

Two Layers of Government

The simplest explanation for why America has two constitutions is that we have two levels of government: the federal government and the state governments. The U.S. Constitution describes the relationship between the two, dividing up responsibilities between them and listing the powers that each may exercise. In contrast, each state’s constitution governs that state’s internal affairs. A state constitution creates the state’s legislature, judiciary, and other government departments, and it also lists the powers that the state government may not exercise.

In other words, the state constitution serves much the same function as the federal constitution – it sets up the government for a particular area and ensures that it respects the rights of its citizens. However, the two are not interchangeable. A state constitution cannot contradict the federal constitution. Nevertheless, state constitutions can – and do – provide additional guarantees that go beyond the federal law.

Why State Constitutions Are Different

There is one major difference between the state constitutions and the U.S. Constitution: many of them are significantly longer and more detailed. While America’s founding document contains roughly eight thousand words in total, many state constitutions have hundreds of sections. Some state constitutions even cover areas that the U.S. Constitution leaves completely up to the states. For example, several state constitutions contain detailed provisions about education, transportation, balanced budgets, natural resources, and even agriculture.

There is a reason why so many state constitutions contain such specific language.

Many states were created at a time when their citizens were deeply distrustful of having too much power concentrated in one group at a single level of government. Therefore, voters at the time often favored “limitations” on government – which is why so many states have unusually detailed constitutions.

Laboratories of Constitutional Government

It is important to remember that every state in the union has its own constitution – and that, in many ways, they act as laboratories of constitutional government. In the same way that states sometimes serve as testing grounds for new laws, they have also experimented with various rights. In many cases, a state’s highest court has ruled that, in its opinion, a certain right is even more important than it is in the federal constitution. For instance, the constitutions of several states explicitly protect their citizens in ways not found in the federal constitution. In other cases, state constitutions use broader terms than the federal constitution, giving judges more leeway to interpret them however they like. Some areas of concern include privacy, voting, education, the environment, and criminal procedure.

At the most basic level, this is not surprising. The U.S. Constitution provides a minimum standard of rights for all Americans, but states are free to grant additional ones.

Different Points of View

Advocates argue that a state’s ability to go above and beyond the federal constitution is actually a good thing. After all, state governments are much closer to the people and therefore better able to respond to their needs. In practice, this has meant that some state constitutions have been more progressive than the federal one – not limiting government power as much or even declaring certain rights to be “inalienable.” However, this system has also had the unintended consequence of creating inequalities between states. Residents of one state may enjoy significantly more constitutional rights and protections than similarly situated citizens in another.

The supporters of this point of view suggest that the best way to ensure that all Americans receive the same constitutional rights and protections is to have just one set of federal laws. At the same time, many people believe that trying to equalize everything between states is the wrong approach. They argue that each state should be free to innovate when it comes to constitutional law.

Why It Matters

The vast majority of us interact with state government on a far more regular basis than we do with the federal government. Schools are usually administered by states; state courts hear most cases; and elections are run by, and limited by, state constitutions. State constitutions apply to us in our daily lives: when we buy and sell things, when we get married, or when we go to prison.

At the same time, these crucial parts of our lives get far less attention than do federal constitutions. That is unfortunate, especially for students, who might not realize just how much these documents impact their everyday lives. Indeed, not only was America’s founding document written in Philadelphia, but state constitutions are also the product of numerous political struggles that have taken place in the state capital.

Conclusion

While the US Constitution is the cornerstone of American law, there are also state constitutions in all fifty states that govern many aspects of our lives. State constitutions have a significant impact on residents’ lives, often containing rights not found in the federal law. Additionally, these documents give a more nuanced view of constitutional law, explaining why, in some areas, America has two constitutions.