Issues
Every state constitution separates government power among legislative, executive, and judicial branches—a foundational principle designed both to prevent any branch from accumulating too much power and to facilitate the public’s ability to hold public officials accountable. Conflicts between the branches arise regularly: governors clash with legislatures over budgets and spending powers, courts face accusations of overreach, and questions arise about who has the final say on everything from administrative rulemaking to emergency powers.
The State Democracy Research Initiative explores how the separation of powers works in the states, examining the conflicts that commonly arise between branches and how state courts resolve these disputes.
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Articles & Essays
State Institutions and Democratic Opportunity
Miriam Seifter
11.01.22
This Article urges legal scholars and reformers to turn their gaze to state-level institutions. State institutions, the Article shows, offer democratic opportunity that federal institutions do not. By design, they more readily give popular majorities a chance to rule on equal terms. Utilizing these opportunities can help stave off democratic decline in the short term and build a healthier democracy in the long term.
White Papers
Unpacking State Legislative Vetoes
Miriam Seifter & Derek Clinger
10.13.23
Last Updated 12.20.24
State-level administrative agencies, like their federal counterparts, play a significant role in governance across the nation. Their responsibilities run the gamut—from elections to education; from public waterways to public health; from property to prisons; from taxis to taxes. Many state legislatures, for their part, have sought to retain checks on agencies’ regulatory authority beyond the ordinary legislative and oversight processes via a "legislative veto."
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Separation of Powers
Explainers
Lame-Duck Power Grabs in North Carolina and Beyond
Derek Clinger
12.11.24
Just weeks after North Carolina Democrats won several prominent statewide offices in the 2024 general election, including governor, lieutenant governor, and attorney general, the Republican-controlled legislature moved swiftly to limit the authority of these offices in what many have called a significant “power grab.” This Explainer analyzes this and seeks to situate it within the broader context and history of similar efforts in North Carolina and other states.