The Delaware Constitution of 1897 as amended Show
GOVERNMENT FOR THE STATE OF DELAWARE PREAMBLE ARTICLE I. BILL OF RIGHTS ARTICLE II. LEGISLATURE ARTICLE III. EXECUTIVE ARTICLE IV. JUDICIARY ARTICLE V. ELECTIONS ARTICLE VI. IMPEACHMENT AND TREASON ARTICLE VII. PARDONS ARTICLE VIII. REVENUE AND TAXATION ARTICLE IX. CORPORATIONS ARTICLE X. EDUCATION ARTICLE XI. AGRICULTURE ARTICLE XII. ARTICLE XIII. LOCAL OPTION ARTICLE XIV. OATH OF OFFICE ARTICLE XV. MISCELLANEOUS ARTICLE XVI. AMENDMENTS AND CONVENTIONS ARTICLE XVII. CONTINUITY OF GOVERNMENTAL OPERATIONS SCHEDULE
B. Social contract theory
Which of the following is NOT among the characteristics shared by all state constitutions?
A. The requirement that citizens approve any changes
Which of the following is NOT w power of the Texas legislature?
Under the Texas Constitution, the power to tax resides with:
The theory of popular sovereignty holds that all power:
Article 6 of the US constitution contains the ____ clause establishing the US constitution as the law of the land that no federal or state law may violate
The current Texas constitution was approved by voters in:
In addition to a preamble and appendix, how many article are contained in the Texas constitution?
Why does the Texas Constitution create a fragmented executive branch?
A. To limit the power of the governor
Ideally, a constitution should be:
D. Have been amended many times
At 376,006 words, which states constitution is the longest?
Except in the state of Delaware, two steps are involved in changing constitutions:
D. Proposal of amendments and citizen approval
Why are the state constitutions amended more frequently than the US Constitution?
B. State constitutions dal with a wider range of functions
Which of the following aspects of the process of amending the state constitution contributes to low voter turnout?
D. All of these answers are correct
Many reformers believe the Texas constitution is in need of a comprehensive revision. Why is this unlikely to happen?
A. Strong distrust in the government
The system that provides for a sharing of powers between the national government and the state governments is known as:
Which amendment to the US constitution contains this statement? "The powers not delegated to the US by the Constitution..."
By what authority did the US congress create a national bank in 1790?
D. Necessary and proper clause
Which of the following is an exclusive power of the national government?
A. Regulate interstate commerce
After WW1, the Supreme Court required states to adhere to the basic protections in the Bill of Rights through the use of clauses in the ____ amendment
A ______ grant is for broad purposes and gives state and local governments a significant amount of discretion in how money is spent
Nineteen century federalism
D. Saw states dominant over the federal government
Every state but Delaware requires voters to ratify proposed state constitutional amendments—changes to a state's constitution. From 2006 through 2020, a total of 1,016[1] constitutional amendments were proposed and put before voters. Of this total, voters approved 733[2] proposed changes to state constitutions. There are four ways that proposed constitutional amendments can be proposed and put on the ballot in most states: Amendment proceduresLegislative amendmentsSee also: Legislatively-referred constitutional amendmentsThe legislatures of 49 states vote on constitutional amendments in order to refer them to the ballot for voter consideration. Delaware is the exception, with the legislature voting on constitutional amendments but not requiring voter approval. Most of the states (36 of 49) require legislatures to approve the amendments during one legislative session. An additional four states require amendments to be passed during one or two successive legislative sessions, depending on whether the amendment receives a simple majority or supermajority. The remaining nine states require legislatures to approve amendments twice—once during one legislative session and then again during the next legislative session. Initiated amendmentsSee also: Initiated constitutional amendments
On May 14, 2021, the Mississippi Supreme Court issued a 6-3 decision stating that it is impossible for any petition to meet the state's distribution requirement and has been impossible since congressional reapportionment in 2001. The six justices wrote, "... Whether with intent, by oversight, or for some other reason, the drafters of [the constitutional signature distribution requirement] wrote a ballot initiative process that cannot work in a world where Mississippi has fewer than five representatives in Congress. To work in today’s reality, it will need amending—something that lies beyond the power of the Supreme Court."[3] Click here for more information on the lawsuit and the ruling. Eighteen states have a process for initiated constitutional amendments. These states are Arizona, Arkansas, California, Colorado, Florida, Illinois, Massachusetts, Michigan, Mississippi[4], Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon and South Dakota. Constitutional conventionsSee also: Constitutional conventionsForty-four states have laws that lay out how a constitutional convention can be called in their state. The main differences between these laws are as follows:
Commission referralsSee also: Commission-referred ballot measure
Judicial actionCourt rulings can amend a state's constitution. One way a court ruling can do this is when a federal court decides that an amendment to a state's constitution is in conflict with the U.S. Constitution and must therefore be removed from that state's constitution and declared null-and-void. State courts have also altered state constitutions by ruling that a voter-approved amendment to the state's constitution conflicts with the rest of the constitution or is in some other way unacceptable to the court and therefore must be removed from that state's constitution and declared null-and-void. Procedures by stateAlabamaSee also: Article XVIII of the Alabama Constitution and Laws governing ballot measures in AlabamaArticle XVIII of the Alabama Constitution defines two ways to amend the state constitution. If three-fifths of the Alabama state legislators approve a proposed constitutional amendment, it is put on the ballot where voters must approve it by a simple majority. The legislature, through a simple majority vote in both chambers, can also call for a ballot measure asking voters to approve a constitutional convention. Alabama does not feature the power of citizen initiative, either for constitutional amendments or statutes. Below is the section of the Alabama Constitution that outlines the methods of amending the state constitution:
AlaskaSee also: Article XIII of the Alaska Constitution and Laws governing ballot measures in AlaskaThe Alaska Constitution can be amended in the following two ways:
Alaskans do not have the power to use a citizen initiative to amend the state's constitution. The power of initiative in Alaska is restricted to proposing state statutes. Article 13 of the Alaska Constitution defines the methods to amend the state constitution in the following way:
ArizonaSee also: Article 21 of the Arizona Constitution and Laws governing ballot measures in ArizonaArticle 21 of the Arizona Constitution allows three methods of amending the Arizona Constitution:
ArkansasSee also: Section 22, Article 19, of the Arkansas Constitution and Laws governing ballot measures in ArkansasThe Arkansas Constitution can be amended in these ways:
The Arkansas Constitution is one of a handful of state constitutions with no mechanism for calling a constitutional convention. CaliforniaSee also: Article II and Article XVIII of the California Constitution and Laws governing ballot measures in CaliforniaThe California Constitution can be amended in these ways:
ColoradoSee also: Section 1 of Article V and Article XIX of the Colorado Constitution and Laws governing ballot measures in ColoradoThe Colorado Constitution can be amended in these ways:
ConnecticutSee also: Article XII and Article XIII of the Connecticut Constitution and Laws governing ballot measures in ConnecticutThe Connecticut Constitution can be amended in these ways:
Connecticut does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes. DelawareSee also: Article XVI of the Delaware Constitution and Laws governing ballot measures in DelawareArticle XVI of the Delaware Constitution defines the following paths by which the Delaware Constitution can be amended:
Delaware does not feature the power of citizen initiative for either initiated constitutional amendments or initiated state statutes. FloridaSee also: Article XI of the Florida Constitution and Laws governing ballot measures in FloridaThere are more ways to put proposed amendments to the state constitution before voters in Florida than in any other state. For any proposed amendment to take effect, at least 60 percent of statewide voters casting a vote on the proposal must vote "yes." Article XI specifies the following different methods for putting an amendment to a vote of the people:
GeorgiaSee also: Article X of the Georgia Constitution and Laws governing ballot measures in GeorgiaArticle X of the Georgia Constitution establishes two ways in which the constitution can be altered:
Moreover, the Georgia Constitution contains a prohibition found in very few state constitutions that explicitly restricts the type of amendment that can be proposed. The provision states, "Only amendments which are of general and uniform applicability throughout the state shall be proposed, passed, or submitted to the people." Newly approved amendments or revisions are effective on the first day of January following their approval by the voters. HawaiiSee also: Article XVII of the Hawaii Constitution and Laws governing ballot measures in HawaiiAccording to Article XVII of the Hawaii Constitution, constitutional conventions and legislatively referred constitutional amendments are the two methods by which the state's constitution can be revised or amended.
Hawaii does not feature the power of citizen initiative for either initiated constitutional amendments or initiated state statutes. IdahoSee also: Article XX of the Idaho Constitution and Laws governing ballot measures in IdahoArticle XX of the Idaho Constitution establishes two ways in which the constitution can be altered over time, either via legislatively referred constitutional amendments or constitutional conventions.
Idaho does not feature the power of citizen initiative for either initiated constitutional amendments or initiated state statutes. IllinoisSee also: Article XIV of the Illinois Constitution and Laws governing ballot measures in IllinoisArticle XIV of the Illinois Constitution lays out four different routes that can be taken in order to change the constitution over time:
Any statewide ballot question concerning a constitutional convention, ratifying an amendment proposed by the Illinois General Assembly or adopting an initiated constitutional amendment must be approved by a supermajority vote of 60 percent of those voting on the question or a majority vote of those who cast a ballot for any office in the election. IndianaSee also: Article 16 of the Indiana Constitution and Laws governing ballot measures in IndianaThe amendment procedures available under the Indiana Constitution are more restrictive than those of most other states. Only legislatively referred constitutional amendments can be used to amend the constitution, and this procedure is more restrictive in Indiana than in most states, since any proposed amendment must be approved in two successive sessions of the Indiana General Assembly before it can go to a vote of the people. Article 16 also does not say anything about how a constitutional convention could be held or called. The constitutions of more than 40 of the other states do lay out a procedure for calling a constitutional convention. Indiana does not feature the power of citizen initiative for either initiated constitutional amendments or initiated state statutes. Article 16 details how the legislatively referred constitutional amendment process works in Indiana:
IowaSee also: Article X of the Iowa Constitution and Laws governing ballot measures in IowaArticle X of the Iowa Constitution governs the ways in which the state's constitution can be changed over time. Article X allows:
KansasSee also: Article 14 of the Kansas Constitution and Laws governing ballot measures in KansasArticle 14 of the Kansas Constitution governs the ways in which the state's constitution can be changed over time.
Kansas does not feature the power of citizen initiative for either initiated constitutional amendments or initiated state statutes. KentuckySee also: Mode of Revision, Kentucky Constitution and Laws governing ballot measures in KentuckyThere are two ways to amend the Kentucky Constitution:
Kentucky does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes. LouisianaSee also: Article XIII of the Louisiana Constitution and Laws governing ballot measures in LouisianaThere are two ways to amend the Louisiana Constitution.
Louisiana does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes. MaineSee also: Part III of Article IV and Article X of Maine Constitution and Laws governing ballot measures in MaineThe Maine Constitution may be amended in two ways:
The Maine Constitution of 1819 was the first state constitution in the United States that only required one legislative proposal followed by a vote of the people in order to amend itself. All other state constitutions up to Maine's required two legislative actions.[9] Maine residents cannot put a constitutional amendment on the ballot through the power of initiative. Maine does feature the power of initiative for initiated state statutes. MarylandSee also: Article XIV of the Maryland Constitution and Laws governing ballot measures in MarylandArticle XIV of the Maryland Constitution defines two ways to amend the state constitution:
Article XIV allows for the possibility that some proposed constitutional amendments may apply to only one county or the city of Baltimore, which is governed independent of a county structure. In the case of amendments with localized provisions, Article XIV says that in order to become part of the constitution, the proposed amendment must be approved by a majority vote not just statewide, but also in the specific county to which it exclusively applies. Maryland does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes. MassachusettsSee also: Article XLVIII, Amendments to the Massachusetts Constitution, and Laws governing ballot measures in MassachusettsThe process of amending the Massachusetts Constitution is governed by Article XLVIII, Amendments to the Massachusetts Constitution, which is itself the 48th amendment to the state's constitution. Article 48 allows the constitution to be amended through indirect initiative amendments. It imposes a number of restrictions on such proposed amendments:
The state's general court plays a significant role in the process for an initiated constitutional amendment in Massachusetts:
The Massachusetts General Court may also legislatively refer constitutional amendments. This procedure is defined in Section 1 to 3 of Article LXXXI of the Massachusetts Constitution. According to that section:
The Massachusetts Constitution can also be changed through a constitutional convention and subsequent ratification from the voters. There have been four constitutional conventions in Massachusetts:
MichiganSee also: Article XII of the Michigan Constitution and Laws governing ballot measures in MichiganThe Michigan Constitution can be amended in these ways:
MinnesotaSee also: Article IX of the Minnesota Constitution and Laws governing ballot measures in MinnesotaThe Minnesota Constitution can be amended via two different paths:
A unique feature of Minnesota's law is that the voter approval requirement for a revised constitution suggested by a constitutional convention is different from that of a constitutional amendment proposed by the legislature. Ratification of amendments suggested by a convention require a 60 percent supermajority of those voting on the amendment question, while an amendment proposed by the legislature requires a simple majority of those voting in the election.[10] MississippiSee also: Article XV of the Mississippi Constitution and Laws governing the initiative process in Mississippi
On May 14, 2021, the Mississippi Supreme Court issued a 6-3 decision stating that it is impossible for any petition to meet the state's distribution requirement and has been impossible since congressional reapportionment in 2001. The six justices wrote, "... Whether with intent, by oversight, or for some other reason, the drafters of [the constitutional signature distribution requirement] wrote a ballot initiative process that cannot work in a world where Mississippi has fewer than five representatives in Congress. To work in today’s reality, it will need amending—something that lies beyond the power of the Supreme Court."[11] Click here for more information on the lawsuit and the ruling. The Mississippi Constitution can be amended via two different paths:
Mississippi is one of the few states that has no provision for a constitutional convention. MissouriSee also: Article XII of the Missouri Constitution and Laws governing the initiative process in MissouriThe Missouri Constitution can be amended via three different paths:
Votes on any proposed amendments to the state's constitution can take place at a general election or a special election. A unique feature of Missouri's law governing constitutional amendments is found in a provision in Section 2(b) of Article XII, which states that proposed amendments should be published if possible "in two newspapers of different political faith in each county." MontanaSee also: Article XIV, Montana Constitution and Laws governing the initiative process in MontanaThe Montana Constitution can be amended through initiated constitutional amendments, legislatively referred constitutional amendments and constitutional conventions.
NebraskaSee also: Article XVI and Article III of the Nebraska Constitution, and Laws governing the initiative process in NebraskaNebraska offers three different paths to amending its constitution:
NevadaSee also: Article 16 and Article 19 of the Nevada Constitution and Laws governing ballot measures in NevadaThe Nevada Constitution can be amended via three different paths: a constitutional convention, a legislatively referred constitutional amendment or an initiated constitutional amendment.
New HampshireSee also: Article 100 of the New Hampshire Constitution and Laws governing ballot measures in New HampshireThere are two paths to altering the New Hampshire Constitution: A legislatively referred constitutional amendment or a constitutional convention.
New JerseySee also: Article IX of the New Jersey Constitution and Laws governing ballot measures in New JerseyThere's only one way to amend the New Jersey Constitution, and that is through a legislatively referred constitutional amendment. New Jersey is one of six states that has no provision for a constitutional convention. New Jersey has several unusual requirements for proposed amendments:
New Jersey has several common requirements as well:
New MexicoSee also: Article XIX of the New Mexico Constitution and Laws governing ballot measures in New MexicoThe New Mexico Constitution can be amended through a legislatively referred constitutional amendment or through a constitutional convention.
Moreover, although the New Mexico Constitution does not allow for initiated constitutional amendments, it contains a provision that pre-emptively limits what such amendments could do, if the citizens of the state were ever accorded that right, saying, "If this constitution be in any way so amended as to allow laws to be enacted by direct vote of the electors the laws which may be so enacted shall be only such as might be enacted by the legislature under the provisions of this constitution." New YorkSee also: Article XIX of the New York Constitution and Laws governing ballot measures in New YorkThe New York Constitution can be amended through legislatively referred constitutional amendments or through constitutional conventions.
North CarolinaSee also: Article XIII of the North Carolina Constitution and Laws governing ballot measures in North CarolinaThe two paths to amending the North Carolina Constitution are the legislatively referred constitutional amendment and the constitutional convention process.
North DakotaSee also: Article III and Section 16, Article IV, of the North Dakota Constitution and Laws governing ballot measures in North DakotaThere are three paths to amending the North Dakota Constitution: initiated constitutional amendments, legislatively referred constitutional amendments, and constitutional conventions.
OhioSee also: Section 1a, Article II and Article XVI of the Ohio Constitution and Laws governing ballot measures in OhioThe Ohio Constitution lays out three different paths, in two different articles, for how to go about changing the state's constitution.
OklahomaSee also: Section 1, Article V, and Article XXIV of the Oklahoma Constitution and Laws governing ballot measures in OklahomaThe Oklahoma Constitution lays out three different paths, in two different articles, for how to go about changing the state's constitution.
OregonSee also: Section 1, Article IV, and Article XII of the Oregon Constitution and Laws governing ballot measures in OregonThe Oregon Constitution lays out four different paths, in two different articles, for how to go about changing the state's constitution.
PennsylvaniaSee also: Article XI of the Pennsylvania Constitution and Laws governing ballot measures in PennsylvaniaThe Pennsylvania Constitution is only explicit about one way to change the constitution, namely, the process of a legislatively referred constitutional amendment. The constitution does not lay out the rules for how a constitutional convention can be called, but the state has held five such conventions, most recently in 1968 when the current constitution was adopted.[14]
Pennsylvania is one of the states that does not feature the power of initiated constitutional amendments. Rhode IslandSee also: Article XIV of the Rhode Island Constitution and Laws governing ballot measures in Rhode IslandThere are two paths by which the Rhode Island Constitution can be changed: the legislatively referred constitutional amendment and the constitutional convention.
Rhode Island residents do not have the power of initiated constitutional amendments. South CarolinaSee also: Article XVI of the South Carolina Constitution and Laws governing ballot measures in South CarolinaThere are two paths to amending the South Carolina Constitution: legislatively referred constitutional amendments and constitutional conventions.
South DakotaSee also: Article XXIII of the South Dakota Constitution and Laws governing ballot measures in South DakotaAmendments to the South Dakota Constitution may be proposed in three different ways:
Whether proposed by initiative or by the state legislature, an amendment may amend one or more articles and related subject matter in other articles as necessary to accomplish the objectives of the amendment.[15] TennesseeSee also: Section 3 of Article XI of the Tennessee Constitution and Laws governing ballot measures in TennesseeThe Tennessee Constitution can be amended in two ways:
TexasSee also: Article 17 of the Texas Constitution and Laws governing ballot measures in Texas
UtahSee also: Article XXIII of the Utah Constitution and Laws governing ballot measures in UtahThe Utah Constitution can be amended in two ways:
Although state citizens can collect signatures to qualify a proposed state statute for the ballot through an initiated state statute, the initiative power does not extend to constitutional amendments in Utah. VermontSee also: Amendments of the Vermont Constitution and Laws governing ballot measures in VermontSection 72 of the Vermont Constitution lays out the procedure governing changes to the Vermont Constitution.
The Vermont Constitution, like that of several other states, does not provide for constitutional conventions. Perhaps as a result, Vermont's current constitution is one of the oldest in the country, having been adopted in 1793. The Massachusetts Constitution is the only older constitution. Although there are no provisions in the state's constitution governing the calling of a constitutional convention, in 1969, the Vermont State Legislature referred an advisory measure to the ballot which asked "Shall a Vermont Constitutional Convention be convened at the state house in Montpelier on October 6, 1969 to consider the following topics which shall receive a majority of the votes cast upon it in this election, and no others?" The question was rejected by the voters. Vermont does not feature the power of initiative for either initiated state statutes or initiated constitutional amendments. Vermont has changed its amendment process three times:
VirginiaSee also: Article XII of the Virginia Constitution and Laws governing ballot measures in VirginiaThe Virginia Constitution can be amended through two different paths:
Virginia does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes. WashingtonSee also: Article XXIII of the Washington State Constitution and Laws governing ballot measures in WashingtonThe Washington State Constitution can be amended through two routes:[17]
Although Washington citizens can use the power of initiative to qualify initiated state statutes for the ballot, the power does not extend to constitutional amendments. West VirginiaSee also: Article XIV of the West Virginia Constitution and Laws governing ballot measures in West VirginiaThe West Virginia Constitution can be modified through constitutional conventions and legislatively referred constitutional amendments.
West Virginia does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes. WisconsinSee also: Article XII of the Wisconsin Constitution and Laws governing ballot measures in WisconsinArticle XII of the Wisconsin Constitution provides two methods of amendment:
Wisconsin citizens do not have the power of amending the constitution through initiated constitutional amendments. WyomingSee also: Article 20 of the Wyoming Constitution and Laws governing ballot measures in WyomingArticle 20 of the Wyoming Constitution defines the two ways it can be amended.
Other types of ballot measuresTypes of ballot measures:
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