576. CLASSIFICATION OF STATE CONSTITUTIONS: IN THE LIGHT OF DEMOCRATIC DEVELOPMENT.—Between 1776 and 1800 American state constitutions were generally brief and conservative. Between 1800 and 1860 the growing tendency toward democratic control resulted in the formation of state constitutions which were more and more liberal. During this period fear of the masses was superseded by distrust of the executive and an unbounded faith in the people acting in their collective capacity. The suffrage was extended, the governor and often state judges came to be elected by direct vote, and the power of the state legislature was enlarged.
After 1860 there was a reverse movement. This was due partly to a growing faith in the executive, and partly to a reaction against the abuse of power by state legislatures. Particularly the more recent state constitutions have limited the power of the state legislature, increased the power of the executive, provided for the centralization of the state administration, and shortened the ballot. The present tendency among state constitutions is to continue in the direction of the above-mentioned reforms.
A. THE PARTS OF A STATE CONSTITUTION
577. THE BILL OF RIGHTS.—A vital part of a state constitution is the bill of rights, roughly corresponding to the first ten amendments to the Federal Constitution. Generally the bill of rights affirms the principle of republican government, maintains that all powers are inherent in the people, and declares that all free government is formed by the authority of the people. A typical bill of rights also provides that the laws of the state shall not be suspended except by the legislative assembly, and includes the traditional limitations on behalf of private rights. These include the right of free speech; the right to jury trial; the free exercise of religious worship; the right peaceably to assemble and petition the government for redress of grievances; the privilege of the writ of habeas corpus except in case of rebellion, invasion, or public danger; the prohibition of excessive bail, and cruel and unusual punishments; and compensation for private property when taken for public use.
578. THE FRAMEWORK OF GOVERNMENT.—A second part of a typical state constitution deals with the distribution of powers, the limitations upon state officials and other elements in the framework of government. Especially in the more recent constitutions is the form of state government outlined in considerable detail. In addition to providing a system of checks and balances by separating the executive, legislative, and judicial powers of state government, this part of the constitution defines and limits the suffrage, provides for the organization of the state legislature, and prescribes the limitations under which the legislature must operate. The election of the Governor and other important state officials is provided for, as is the relation of rural and municipal government to the state government. This part of the constitution likewise creates the state judicial system, though the regulation of details with regard to jurisdiction, procedure, and appeals is generally left to the discretion of the state legislature.
579. STATE FINANCES.—A third division of a typical state constitution places a number of limitations upon the financial powers of the state legislature. These provisions are often detailed and complicated and hence are difficult to summarize. Their general purpose, however, is to fix a debt limit beyond which the legislature cannot go, and to compel that body to make adequate provision for the payment of interest and principal in the case of debts which shall be incurred.
580. CONTROL OF ECONOMIC INTERESTS.—The more recent state constitutions provide in considerable detail for the regulation of economic interests within the state. The activities of industrial organizations are often narrowly restricted. In many states the constitution provides for a corporation commission with large powers in the regulation of rates and charges, as well as general supervision of corporate business. Many recent constitutions specify the conditions under which women and children may be employed in industrial establishments.
581. PROVISION FOR THE GENERAL WELFARE.—An increasingly important part of the state constitution deals with the general welfare. Such vital concerns as the public school system are dealt with. In a typical western state, for example, the constitution requires the legislature to provide free instruction in the common schools of the state for all persons between the ages of five and twenty-five. The same document sets aside certain revenues for educational purposes. The safeguarding of the public health, and detailed provision for the creation and maintenance of public institutions for the dependent, defective, and delinquent classes, are other concerns of this part of the state constitution.
582. PROVISION FOR AMENDMENT.—In about two thirds of the states the constitution provides for its own amendment by a constitutional convention composed of delegates elected by the voters of the state. The convention method is universally employed when a new constitution is desired. Sometimes the state constitution provides for the holding of such conventions at regular intervals, but generally the initiative is left to the legislature. When, by vote or by resolution, this body declares in favor of a convention, the proposition is placed before the voters. If a majority of these favor the project, the legislature arranges for the election of delegates, and fixes the time and place of the convention sessions. After the convention has completed its work, it is customary for the new constitution to be submitted to the people for approval.
Another common way of amending the state constitution, found in every state except New Hampshire, is through legislative action subsequently ratified by popular vote. By this method separate constitutional amendments may be adopted, without necessitating a wholesale revision of the constitution. Such individual amendments are usually proposed by the legislature and are later submitted to popular vote. In some states only a majority vote of the legislature is required for the proposal of amendments, but ordinarily a special majority of two thirds or three fourths of the members of each house is required. In a few states, amendments cannot be considered until they have been proposed by two successive legislatures. After the amendment has been proposed for the second time, it must be ratified at the polls.