Shaping Dialogue on State Democracy & Institutions

Governmental power in the United States has always been divided between the federal government and state governments, each providing a check on the other. As states face controversial federal government actions, they are pursuing or considering an array of options in response.

In a series of ongoing projects, we are examining some of the potential tools states have to help counter federal abuses of power. These studies aim to provide in-depth legal background and context for anyone interested in learning more about how our federalist system creates space for and seeks to manage confrontations between states and the federal government. Questions considered include whether states can prosecute federal officials, states can create damages remedies against federal officials, and states can prohibit federal law enforcement from masking on the job?

Explore the full, up-to-date text of each of the 50 state constitutions. Search within and across states, and use the “Tracking Constitutional Change” feature to see how each state’s constitution has evolved over time.

State constitutions reflect a powerful commitment to democracy. This website highlights state constitutional provisions across the nation that contribute to the democracy principle.

Developed by two of the subject’s leading experts, the First Edition of State Constitutional Law: Cases and Principles provides a contemporary, authoritative treatment of the field, complete with majority approaches and alternatives across the country. The book provides detailed treatments of the wide range of state constitutional issues—not only rights, but also government structure, democracy, fiscal provisions, and intrastate relations.

Litigation over election results serves an important role in legitimizing the democratic process, but when these challenges drag on for months, they can undermine that legitimacy and leave citizens without representation. North Carolina’s 2024 Supreme Court race, for example, took six months of post-election litigation to resolve, and some observers worry that similar delays could affect control of Congress in 2027. This Explainer examines the gaps in state laws that increase the risk of prolonged election contests and shows how state supreme courts can use their supervisory and rulemaking powers to ensure prompt resolution of such proceedings.