Why are state constitutions amended more frequently than the U.S. Constitution?

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Abstract

State constitutionalism has undergone a certain revitalization in recent decades due to the efforts of state electorates and officials to reform and modernize state government, the willingness of many state high courts to redevelop state constitutional law as an independent body of law, and the expansion of federal constitutional law requiring adjustments in state constitutional law. State constitutions remain important as instruments of local self-government even though the field of state constitutional choice has been circumscribed by federal constitutional law. A basic distinguishing characteristic of state constitutions is their reliance on direct popular consent and control. This characteristic is a matter of conflict in state constitutional change because it produces long and detailed constitutions subject to easy popular amendment. Despite reform efforts to streamline state constitutions and limit majoritarian influences, most state electorates continue to prefer more consent and control of government under state constitutions than are available under the U. S. Constitution.

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Each issue of the Annals of the American Academy of Political and Social Science, guest edited by scholars and experts in the field, presents more than 200 pages of timely, in-depth research on a significant topic of interest to its readership which includes academics, researchers, policymakers, and professionals.

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Sara Miller McCune founded SAGE Publishing in 1965 to support the dissemination of usable knowledge and educate a global community. SAGE is a leading international provider of innovative, high-quality content publishing more than 900 journals and over 800 new books each year, spanning a wide range of subject areas. A growing selection of library products includes archives, data, case studies and video. SAGE remains majority owned by our founder and after her lifetime will become owned by a charitable trust that secures the company’s continued independence. Principal offices are located in Los Angeles, London, New Delhi, Singapore, Washington DC and Melbourne. www.sagepublishing.com

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The Annals of the American Academy of Political and Social Science © 1988 American Academy of Political and Social Science
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Why are state constitutions different from the U.S. Constitution?

In contrast to the federal Constitution, state constitutions are significantly more explicit in conferring the right to vote and include additional protections for free, equal and open elections. These provisions have been particularly effective in the sphere of redistricting and partisan gerrymandering.

Why is it more difficult to amend the U.S. Constitution than a state constitution?

The US constitution is difficult to amend due to its two stage process. The Founding Fathers purposely made amending the constitution a difficult process. For example they incorporated the need to gain a supermajority in both the proposal and ratification stages of amending the constitution.

What is one main difference between the United States 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 has the U.S. Constitution rarely been amended?

The U.S. Constitution is famously difficult to amend: It takes a two-thirds vote in both the House and Senate, then ratification by three-quarters of the states.