Every state constitution reflects the diverse elements of its constituency, representing a microcosm of its people, traditions and political cultures. It is the document in which the citizens of the state set forth their basic rights, and the structure and operation of their government. Show It may be said that the constitution is the document in which the people of a state set forth “those things they hold dearest to their hearts.” The first state constitutions were adopted in 1776 by Delaware, Maryland, New Hampshire, New Jersey, North Carolina, Pennsylvania, South Carolina and Virginia. Rhode Island adopted its current constitution in 1986, making it the “newest” to date. A state may have had only one constitution. Or it may have had many. 21 states have 1-5 disasters, 20 states have 6-10 disasters and 8 states have 11 or more disastersALAKAZARCACOCTDCDEFLGAHIILINIAKSKYLAMEMAMDMIMNMSMOMTNENVNHNJNMNYNCNDOHOKORPARISCSDTNTXUTVAWAWVWIWYVTIDPRASGUMPVINumber of State Constitutions
LEGEND: One Two to four Five to seven 10 or more
A constitution may be long, or it may be short. The average length for state constitutions is approximately 39,000 words. By comparison, the U.S. Constitution weighs in at a relatively brief 7,591 words, including the 27 amendments. Longest and ShortestFive Longest (approximate number of words) Five Shortest (approximate number of words)
Fewest Adopted Amendments (as of January 2017) Most Adopted Amendments (as of January 2017)
As noted above, state constitutions enumerate basic rights, and as you may guess, these commonly include provisions that relate to freedom of speech, religion and press, the right to bear arms and due process. But some unique provisions have been placed into Bill of Rights or Declaration of Rights sections as well. For example:
It’s your document. So, take a few minutes and peruse your constitution. You may be surprised at what you find! A national constitution is a set of rules for governing a country. Such rules may be based on tradition or may be written down in the form of a law or a number of laws. In some countries laws forming the constitution are ordinary laws which can be changed just like any other law, but in most countries the laws forming the constitution have a special status. The Constitution of Australia has a special status—it cannot be changed in the same way as other laws can be changed and it is a supreme law, that is, it overrides other laws. The Commonwealth of Australia How was the Australian Constitution created? Before 1901 the present Australian States were separate colonies of the then British Empire. When the colonies decided to join together in a federation, representatives from each colony were elected to attend meetings (called constitutional conventions) to draw up a constitution for the new nation. The draft constitution was later approved by a vote of the people in referendums held in each colony. The new Australian nation was established on 1 January 1901 following the passing of the Commonwealth of Australia Constitution Act by the United Kingdom Parliament. The purpose of the Act was ‘to constitute the Commonwealth of Australia’. The Constitution drawn up at the conventions was included as part of this Act, which declared that ‘The Constitution of the Commonwealth shall be as follows:—…’. What does the Australian Constitution do? Australia is a federation of states which each have their own constitution, government and laws. The Australian Constitution originated as an agreement under which the former colonies came together as states in a federation. In brief, the Constitution establishes the form of the federal government (that is, the Commonwealth, national or central government) and sets out the basis for relations between the Commonwealth and the states. What does the Constitution cover? Chapter 1—The Parliament This chapter, the longest, covers the structure and powers of the federal Parliament, including the following: General
The Senate
The House of Representatives
Both Houses of the Parliament Powers of the Parliament
Chapter 2—The Executive Government The structure and powers of the Executive Government, including:
Chapter 3—The Judicature The structure and powers of the federal judicial system, including:
Chapter 4—Finance and Trade Commonwealth finances and trade between the States, including:
Chapter 5—The states The relations of the states with the Commonwealth. Under these provisions:
Chapter 6—New states Deals with the creation of new states and gives the Commonwealth power to make laws for the government and representation of the territories. Chapter 7—Miscellaneous Covers the establishment of the Seat of Government (that is, the Australian Capital Territory) and allows the Governor-General to appoint deputies to exercise powers or functions in his or her behalf. Chapter 8—Alteration of the Constitution Sets out how the Constitution may be changed (outlined below). Matters not in the Constitution Some of the central features of Australia’s system of government (described as parliamentary, cabinet or responsible government and also called a Westminster-style system) are not set down in the Constitution but are based on custom and convention. These include the position of Prime Minister and the group of senior Ministers called the Cabinet, who make major policy and administrative decisions and in effect govern the country. On some matters the Constitution sets down temporary arrangements ‘until Parliament otherwise provides’. The Parliament does this by passing legislation. For example, the first national elections were held under state laws. Later elections were conducted under the provisions of the Commonwealth Electoral Act 1902. Another example is the number of Senators and Members, which may be changed by an Act of Parliament as long as the specific conditions set by the Constitution are met. Unlike the constitutions of some other countries, the Australian Constitution does not contain a list of the rights of citizens (a ‘bill of rights’). Interpreting the Constitution—the role of the High Court One of the roles of the High Court is the interpretation of the Constitution. The High Court does this only when a specific case is before the court requiring a ruling on a provision of the Constitution; it does not give advisory opinions. Interpretation of the Constitution has been needed not only because of disagreements over the meaning and application of particular provisions, but also because of developments which were not foreseen when the Constitution was written (for example, aviation and television). Through interpretation the effect of the Constitution has been changed over the years. Many of the court’s rulings have had the result of extending the powers of the Commonwealth at the expense of the states. How can the Constitution be changed? The Parliament can change ordinary laws by passing amending laws, but it can only initiate proposals for changes to the Constitution. The approval of the people of Australia is necessary for any change to the Constitution, just as the approval of the people of Australia was a step in the process of creating the Constitution in the first place. The Constitution itself sets out the way in which it can be changed. A proposal to alter the Constitution starts as a bill in either House of the Parliament and can be introduced by any Member or Senator. A constitution alteration bill goes through the same stages and follows the same procedures in each House as any other bill (see Infosheet No. 7 Making laws) with the important exception that its third reading must be passed by an ‘absolute majority’. An absolute majority means that it must be agreed to by more than half of the total number of Members of the House—other bills need only the agreement of the majority of Members voting at the time (a ‘simple majority’). When a constitution alteration bill has passed both Houses it is voted on by the people of Australia in a referendum (held after two months but within six months). To save expense, referendums are usually held at the same time as elections for the House of Representatives and/or the Senate. A constitution alteration bill does not have to be passed by both Houses of Parliament. If one House refuses to pass a constitution alteration bill which has been passed by the other House, the bill may be submitted to a referendum if the first House passes the bill a second time. To be successful the proposal must be approved by the majority of voters nationwide, and also by the majority of voters ‘in the majority of the States’ (that is, in at least four states). If a proposal affects an individual state rather than all states generally, the proposal must also obtain majority approval in the state concerned. Many proposals for constitutional change have been discussed over the years, but most have not got as far as referendum or have been rejected at referendum. Forty four proposals to alter the Constitution have been passed by the Parliament and submitted to referendum, but only eight have been successful. These were to:
The Australian Coat of Arms Since 1901 the Constitution has been reviewed by several official bodies, including a Royal Commission (1929); a Conference of Commonwealth and State Ministers (1934); a Convention of Members of Commonwealth and State Parliaments (1942); a Parliamentary Joint Select Committee (1956); a Constitutional Convention (1973); a Constitutional Commission (1988); and a Republic Advisory Committee (1993). The Constitutional Centenary Foundation was formed in 1991 to encourage public discussion, understanding and review of the Constitution in the lead up to the centenary of federation in 2001. A Constitutional Convention was held in February 1998 to consider whether or not Australia should become a republic. After a majority of delegates voted in favour of a republic, constitution alteration bills were passed by the Parliament containing changes to the Constitution necessary to put into place the republican model most widely supported at the Convention. However, these proposals were unsuccessful at referendums held in November 1999. For more information Copies of the Constitution are available from the Parliamentary Education Office. The Constitution is also available online from several sites, including: www.aph.gov.au/constitution ausconstitution.peo.gov.au. The following references contain information on the Constitution as it affects the Parliament and on the processes involved in passing constitution alteration bills: House of Representatives Practice, 7th edn, Department of the House of Representatives, Canberra, 2018, pp. 967-86 (contains the full text of the Constitution) What are the principles of state constitutions?Each State constitution supports popular sovereignty, limited government, and the separation of powers among branches. Each State constitution includes a bill of rights listing individual rights. – Many of these rights are similar to those in the federal Bill of Rights, but some States include additional guarantees.
What are the basic principles on which all state constitutions are based quizlet?What are the basic principles on which all State constitutions are based? popular sovereignty, limited governor, separation of powers, checks and balances.
What is the state constitution based on?Often modeled after the federal Constitution, they outline the structure of the state government and typically establish a bill of rights, an executive branch headed by a governor (and often one or more other officials, such as a lieutenant governor and state attorney general), a state legislature, and state courts, ...
What are the 4 parts of state constitutions?State constitutions provide for the organs of the State government such as:. Legislature.. The office of the Governor.. Attorney General.. The secretary of state.. The Judiciary.. |