Original scientific paper
E pluribus unum: state constitutionality in the American federation
Biljana Kostadinov
Abstract
The contemporary American doctrine holds that the study of federalism and of the federal Constitution of the U.S.A. does not provide the right picture of the constitutional and political system of the U.S.A., it is insufficient because it neglects state constitutionalism. The difference between state constitutions and the Constitution of the U.S.A. are so numerous that it is justifiable to speak of two constitutional traditions. Anti-federalism of voters in the states supported detailed constitutions, subject to popular consent and control to a greater extent than the Constitution of the U.S.A. In the tradition of state constitutionalism, popular consent is defined as the fundamental right to self-government. Citizens should freely determine the nature and scope of their rights, not leaving the decision to courts – which is the rule on the federal level. If voters feel insecure, they can always amend the constitution or change judges. Up to now the states of the U.S.A. have drafted and adopted 146 constitutions. The article deals with the evolution of state constitutionalism since the progressive period and movement for the reform of state constitutions from the end of the 19th century to the 1920s, state constitutional reforms after the Second World War and from the 1970s until today. The adoption and extension of the application of the constitutional initiative institute will show that, contrary to the Constitution of the U.S.A. based on indirect popular consent and complex majorities, state constitutions are instruments of majority democracy.
Keywords
state constitutionalism; constitutional initiative; executive power
Hrčak ID:
11585
URI
Publication date:
15.4.2007.
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