Are state constitutions more powerful than the US Constitution? Supremacy Clause
How do state constitutions compared to the U.S. Constitution?
Each state is governed by its own constitution. State constitutions vary in length and scope and, unlike the federal Constitution,
they are generally broader in scope and are amended more frequently
. State constitutional research is similar to federal constitutional research.
What is the most important difference between the U.S. Constitution and state constitutions?
From a state legislator's perspective, what may be the most important difference between state constitutions and the federal one, Tarr says, “is that, while the federal Constitution grants various powers to the legislative branch,
state constitutions tend to restrict legislative powers
.”
Why do state constitutions have more amendments than the U.S. Constitution?
Another advantage of the state constitutions lies in
their generally being easier to amend than the national constitution
. As a consequence, the state constitutions are amended far more frequently.
Why did state constitutions give most power to the legislatures?
The new state constitutions gave the legislature the most governmental power precisely because
legislative assemblies had actively resisted attempts by royal governors and the king's ministers to violate their rights
.
What is one way most state constitutions differ from the U.S. Constitution quizlet?
State constitutions are
longer and more detailed
than the U.S.Constitution, and their bill of rights ofter include new and expanded rights not mentioned in the U.S. Constitution.
How does the U.S. Constitution differ from many state constitutions quizlet?
The U.S. Constitution differs from many state constitutions in that
it has only seven articles and a much more rigorous amendment process
. What is the first stage of the amendment process for the U.S. Constitution? the proposal of an amendment by two-thirds of both houses of Congress or by a national convention.
Do state constitutions contain more rights than the Uscon?
Thus, nothing prevents a state court from finding that its own constitution offers more protection for any rights, including expressive rights, in comparison to those found in the U.S. Constitution or Bill of Rights.
Is constitution important in a state why or why not?
It ensures that the state's power is dispersed between different bodies and individuals, and that citizens' rights are upheld
. A constitution provides the basis for governance in a country, which is essential to making sure that everyone's interests and needs are addressed.
What is a state constitution and why is it important?
A state constitution is
the supreme law of that state
. State constitutions establish certain organs of government for the State, vest these organs with their powers, and deny certain other powers.
Can state constitutions provide fewer rights to individuals than the US constitution?
I call this the freedom ratchet: the U.S. Constitution provides the floor beneath individual rights, while
state constitutions can provide greater but not lesser protection
.
Why were state constitutions significant when the United States constitution was written?
DURING THE AMERICAN REVOLUTION, THE FORMER ENGLISH COLONIES EACH ADOPTED THEIR OWN CONSTITUTIONS. THESE FIRST STATE CONSTITUTIONS
PROVIDED THE BUILDING BLOCKS FOR THE U. S. CONSTITUTION, INCLUDING THE BILL OF RIGHTS
.
What is one thing that all state constitutions have?
As noted above, state constitutions enumerate
basic rights
, and as you may guess, these commonly include provisions that relate to freedom of speech, religion and press, the right to bear arms and due process. But some unique provisions have been placed into Bill of Rights or Declaration of Rights sections as well.
Which branch did the Constitution give the most power to?
As shown by its prime spot at the beginning of the Constitution, the framers initially intended the
legislative branch
—which they saw as closest to the people—to be the most powerful of the three branches of government.
How did the state constitutions limit the powers of their governments?
First, the constitution can limit the government by
enumerating or listing its powers
. The government may not assume powers that are not listed or granted to it. Second, the legislative, executive, and judicial powers of government can be separated.
What is the main difference between the United States Constitution and the California Constitution?
While the United States Constitution is the supreme law of the land, the California Constitution sets forth the duties, powers, structure, and functions of the state government
.
How does the process for amending state constitutions compare to that of the US Constitution quizlet?
It is much easier to change a State Constitution
it requires a simple vote of the people, the Federal Constitution has to be voted and approved on by all the 50 states. The state constitutions decide how to raise and how to spend taxes that are collected.
Are state constitutions subordinate to the US Constitution?
Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that
the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions
.
How are state constitutions similar to the United States Constitution quizlet?
How are state and Federal constitutions similar? Like the federal Constitution,
every state constitution provides for separation of powers among three branches of government-legislative, executive, and judicial
.
What were the two biggest issues at the Constitutional Convention?
5 Issues at the Constitutional Convention. When the 55 delegates gathered in Philadelphia to revise the Articles of Confederation, there were several major issues on the agenda to discuss including
representation, state versus federal powers
, executive power, slavery, and commerce.
In what way is the structure of State governments like that of the federal government?
All State governments are modeled after the Federal Government and
consist of three branches: executive, legislative, and judicial
. The U.S. Constitution mandates that all States uphold a “republican form” of government, although the three-branch structure is not required.
How does the US constitution compare to state constitutions in terms of the amending process?
State constitutions are more open to amendments
. Amendments can be proposed by legislature, a constitutional commission or citizens' petition and can be accepted by referendum. For example. the constitution of Massachusetts has been amended one hundred and twenty times.
Can states limit constitutional rights?
Civil Rights Under State Constitutions
Even though
states can't limit the freedoms protected by the Bill of Rights
, some state constitutions provide more expansive civil liberties than those in the federal constitution.
How do state constitutions protect individual rights?
The “privileges and immunities clause” contained in Article IV, Section 2, provides, “
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens of several states
.” This limits the ability of states to favor their own citizens and discriminate against out-of-state citizens with respect to …
Why do you think the United States has a constitution What role does a written constitution play in everyday US society?
What role does a written constitution play in everyday US society? The US has a constitution because
it keeps our country together and functioning
. The constitution ensures US citizens their basic rights. The constitution also separates federal and state powers, and controls federal and state powers.
Why is the Constitution considered as the highest expression of the law?
The Constitution is the supreme law
This means
the Constitution is the highest law of the land
. Parliament cannot pass a law which goes against the Constitution. No person, not even the President, can go against it. The courts and the government must also make sure what they do is constitutional.
Does the US Constitution still work?
Written in 1787, ratified in 1788, and
in operation since 1789
, the United States Constitution is the world's longest surviving written charter of government.
What are three powers of State governments?
State Government
In addition to their exclusive powers, both the national government and state governments share the power of being able to:
Collect taxes
. Build roads. Borrow money.
Which state's Constitution was the most radical?
Pennsylvania
created the most radical state constitution of the period. Following the idea of popular rule to its logical conclusion, Pennsylvania created a state government with several distinctive features.
Should state laws offer stronger protection of individual rights than the Bill of Rights?
Should state laws offer stronger protection of individual rights than the Bill of Rights?
No
, the states could be violating the constitution??
What is the most important difference between the US Constitution and state constitutions?
From a state legislator's perspective, what may be the most important difference between state constitutions and the federal one, Tarr says, “is that, while the federal Constitution grants various powers to the legislative branch,
state constitutions tend to restrict legislative powers
.”
What was the main weakness of the state constitutions written during the revolution?
What was the main weakness of the state constitutions written during the Revolution?
They taxed their citizens without representation
.
What are the most important characteristics of state constitutions?
What are the defining features of State constitutions? –
They support popular sovereignty, limited government, and separation of powers
. – They include a bill of rights. – They include a bill of rights.
How are state constitutions today different than the US constitution?
Each state is governed by its own constitution. State constitutions vary in length and scope and, unlike the federal Constitution,
they are generally broader in scope and are amended more frequently
. State constitutional research is similar to federal constitutional research.
Why are state constitutions amended more frequently than the federal constitution?
5. Why are state constitutions amended more frequently than the federal Constitution?
Because state constitutions are more detailed and deal with more immediate and specific concerns, they go out of date more quickly, requiring further amendments
.
Which branch of government has the most power and why?
In conclusion,
The Legislative Branch
is the most powerful branch of the United States government not only because of the powers given to them by the Constitution, but also the implied powers that Congress has. There is also Congress's ability to triumph over the Checks and balances that limits their power.
