CHAPTER 3 CONSTITUTIONS: OPERATING INSTRUCTIONS

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CHAPTER 3CONSTITUTIONSOPERATING INSTRUCTIONS

• The California tax revolt and Nebraskas
  unicameral legislature

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Authority and Legitimacy The State and the
Citizen

• Authority is power based on a general agreement
• that a person or group has the right to issue
  certain sorts of commands and
• that those commands should be obeyed.

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Constitutionalism

• The doctrine that states should be faithful to
  their constitutions.

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Typically, a constitutional document denotes

• How politicians are to be chosen
• The ways the document itself can be changed
• Who is to carry out the major functions of
  politics

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The importance of constitutionalism is rooted in
the protection of citizens from arbitrary
decisions by powerful people
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Why do convicted murderers get the chair in
Nebraska and a firing squad in Utah?

• State constitutions
• Explain variation across states.
• Preserve system of dual constitutionalism.
• Are enforced as natural or higher law.
• Define a way of life for the populous.

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Dual constitutionalism
STATE CONSTITUTIONS
U.S. CONSTITUTIONS

• Relatively unstable
• Vary in length
• Specific
• Representative and direct democracy
• Balanced budgets
• Broad powers

• Time tested
• Relatively short
• Vague
• Representative democracy
• National debt
• Limiting powers

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Constitutional Govt in the States

• Limited Government
• Legal Status

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State Constitutions

• Bill of Rights
• Separation of Power
• Weak Governors
• Legislative Powers
• Local Government

• Interest Group Regulation
• Tax and Finance
• Debt Limitation
• Amendment process

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Why state constitutions vary

• Political history
• Geography
• Perceptions of government
• Political culture

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Political culture and state constitutions

• Values and beliefs influence recommendations
  regarding the appropriate role of government.
• State constitutions provide an institutionalized
  legacy of the norms and values of the populous.
• In other words, a states constitution is a
  reflection of the political culture of the state.

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The Oklahoma Constitution

• www.oklegal.onenet.net

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Oklahoma cont.

• Constitutional Convention
• Guthrie

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Factors (influence)

• U.S. Constitution
• State Constitutions
• Progressive movement

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Comparisons

• Length
• Amendment process
• Bill of Rights
• Branches of govt
• Influence of progressive movement

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Ratification

• September 17, 1907

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Direct Democracy

• Popular participation in government through
  direct voter initiation of policy and voter
  approval or rejection of policy decisions by
  popular vote.
• Federal No (Representative Democracy)
• State and Local - Yes

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Direct citizen power

• Progressive Era politics led to the emergence of
  ballot initiatives and referendums as a means for
  controlling political bosses and well-financed
  interests.
• The initiative process, while checking
  legislative power, also destabilizes the policy
  process.

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Ballot initiatives and referendums

• Product of the Progressive Era provide direct
  legislative power concerning changes to state
  constitutions.
• 18 states permit ballot initiatives and
  referendums as means for changing their
  constitutions.
• Process requires proposal and ratification by the
  electorate.

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Direct citizen power (contd)

• States with ballot initiatives tend to have
  different policy priorities and relatively
  unstable constitutions compared to those that do
  not.
• The initiative process is highly professionalized
  and tends to be controlled by wealthy interests.

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Oklahoma

• Initiative petition law or constitutional
  amendment proposed by the people. Proposed laws
  require signatures equal to 8 percent of the
  highest vote total in the last general election.
  Constitutional amendments must have 15 percent

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Oklahoma cont.

• Legislative referendum proposed law or
  constitutional amendment referred to the people
  by the Legislature. Three-fourths of Oklahomas
  state questions have been legislative referenda.

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Oklahoma cont.

• Referendum petition challenge by the people of
  a law or portion of a law passed by the
  Legislature. Referendum petitions signature
  requirement is only 5 percent, but they must be
  filed within 90 days of the end of the
  legislative session. Fewer than 20 have reached
  the ballot.

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Oklahoma cont.

• Recall an election to allow voters to decide
  whether or not to remove an elected official
  before his or her term expires.
• NOT in Oklahoma at the state level
• Is present in some city charters

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Informal constitutional changes

• Most powerful method for informally amending
  state constitutions is through court intervention
  via state supreme courts.
• Power of judicial review permits state supreme
  courts to declare acts unconstitutional.
• Judicial federalism refers to the ability of the
  courts to determine the nature of federal-state
  relations.

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Conclusion

• State constitutions provide another means for
  explaining variation across states.
• State constitutions represent independent
  political documents, preserving the dual
  constitutional system of the United States.

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Conclusion (contd)

• Unlike the U.S. Constitution, state constitutions
  (some) intentionally provide for direct democracy
  in the form of ballot initiatives and
  referendums.
• State constitutions tend to reflect the political
  culture of the state and therefore vary according
  to the norms and beliefs of a particular
  populous.