Political Science Chapter 3

Initiative Petitions

A device permits voters to place specific constitutional amendments on the ballot by petition. Need a majority vote to approve a constitutional amendment.

Legislative Proposals

All states permit their legislature to propose amendments; in fact, this is the most commonly used method. Need approval of 2/3 of the elected members in both the House and Senate.

Amending State Const.

1. Legislative Proposals 2. Citizen initiated ballot petitions 3. Constitutional Conventions After an amendment has been proposed, it must be ratified. Ratification is by the voters. 49 of 50 states require referendum for state constitutional amendments. In most states an amendment becomes part of the constitution when approved by a majority of those voting on the amendment

Constitutional Conventions

Because amendments involve piecemeal change, people in many states advocated writing and entirely new constitution rather than amend a new one. When this has prepared a draft of the new constitution the document is submitted by the voters. When delegates know that a particular provision is controversial, they may decide to submit that provision separately

State Const.

Contain more details than the US constitution. They are longer and less flexible. They require more frequent amendment. "Longer and more detailed design of state constitutions actually enhances rather than reduces their longevity."

Lack of Initiative Petitions

Controversial Issues Lack of public support Launched as educational campaign

New York Example

Every 20 years this state asks its people on a general election ballot if they would like to convene a constitutional convention to propose a new constitution. This is frequently rejected by the voters.

Benefits of a Commission

Less expensive than a full blown constitutional convention Does not require initial voter approval Gives the legislature final control of what is presented to the electorate

Revision Commission

Makes recommendations for constitutional change that, except in Florida, have no force until acted upon by the legislature and approved by the voters.

Constitutions

Significantly affect who gets what from government

Roots of State Const.

The first state constitutions were outgrowths of colonial charters.

New Judicial Federalism

This trend takes its inspiration from the US Supreme Court which has sent clear messages to state supreme court judges that they are free to interpret their own state constitutions to impose greater restraints than does the US constitution. The US Supreme Court and the US Constitution set the floor, not the ceiling for the protection of rights.

Judicial Interpretation

Whereby judges, in effect modify a constitutional provision by their interpretation of its meaning