Strengthening State Constitutions

This Note argues that state constitutions should have more difficult amendment procedures than most states currently do. Part I highlights the ease of amending most state constitutions by evaluating state constitutional amendment procedures. Next, Part II argues that because constitutions are fundamental, organizing laws, their amendment procedures should reflect such status. Finally, Part III of this Note examines state constitutional amendments that resulted from national political turmoil and argues amendment procedures should be stringent enough to temper such reactionism. If a constitution is to be a constitution, it must be resilient enough to function as one. State constitutions largely fail to be so.

Publication Details

Journal
eYLS (Yale Law School)
Published
2024-08-14
Primary Topic
Aquatic Ecosystems and Biodiversity
Type
article
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article

Strengthening State Constitutions

eYLS (Yale Law School)
Aquatic Ecosystems and Biodiversity
article

Strengthening State Constitutions

article en

Abstract

This Note argues that state constitutions should have more difficult amendment procedures than most states currently do. Part I highlights the ease of amending most state constitutions by evaluating state constitutional amendment procedures. Next, Part II argues that because constitutions are fundamental, organizing laws, their amendment procedures should reflect such status. Finally, Part III of this Note examines state constitutional amendments that resulted from national political turmoil and argues amendment procedures should be stringent enough to temper such reactionism. If a constitution is to be a constitution, it must be resilient enough to function as one. State constitutions largely fail to be so.

eYLS (Yale Law School)
Peace, Justice and strong institutions
Openalex Percentile: Top 39%
Aquatic Ecosystems and Biodiversity
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Strengthening State Constitutions · eYLS (Yale Law School) (2024) | TGRS Research Map | TGRS