Government Structure
State constitutions vary in how they structure state governments and distribute power among the branches of government and between the state and localities. State governments include statewide executive, legislative, and judicial branches, but also multiple county, district, municipal, and local governments.
Home rule disputes between states and localities, separation of powers among the branches of government, the limits of executive power, jurisdiction of courts, and limits on legislative authority all regularly give rise to litigation.
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Kentucky’s Constitution: From Open Frontier to Fiercely Independent
The state constitution’s strong separation of powers language was written by Thomas Jefferson; he wished the U.S. Constitution had the same.
State Court Oral Arguments to Watch for in April
Issues on the dockets include ranked-choice voting, de facto life sentences, so-called “shadow” foster care, and defamation against a drag performer.
The Tenacious Power of Constitutional Torts
Despite hurdles, civil rights litigation is a critical tool for people who have been harmed by the government and for those seeking long-lasting change.
How Does State and Local Law Impact Mayor Mamdani’s Policy Agenda?
New York City needs state cooperation for initiatives like free childcare and buses.
Montana’s Housing Crisis Fix Survives Constitutional Challenge
Homeowners favoring single-family residences sued to block legislation meant to increase housing supply and bring down home prices.
State Constitutions Could Bar State and Local Police Collaboration with ICE
Case law in multiple states suggests state and local officials who cooperate in federal abuses might run afoul of their own state constitutions.
The Other Declarations of 1776
A number of states adopted constitutions, including Declarations of Rights, the same year the nation was born.
Texas Two-Steps Away from Government Lawyer Accountability, Montana Does not Follow
The Texas high court cited separation-of-powers concerns when stripping a state disciplinary commission of the authority to pursue certain grievances against executive branch lawyers.