- The Constitutions of both the Iroquois and the United States have similarities and differences between them. Under the Constitution, the federal government must have a three-branch structure, however state governments do not. There is one US constitution, governing the US federal government. State Constitutions create the structure of state government, establishes different types of local government, regulate the ways state and local governments can raise and spend money, establishes independent state agencies, boards, and commissions that … This is the case not just in the US but also in Australia, Canada and South Africa. It is interesting to note that these administrative tasks a state has are carried out by the so called government for the proper functioning of the state. Constitutions organise, distribute and regulate state power. This comparison will focus on government structure and civil liberties protections. You will now compose an essay in which you will report on the key similarities and differences between your state constitution and the U.S. Constitution. In fact, there are five totally legal “other” ways the Constitution can be changed. B. are much longer. The U.S constitution has an elastic clause, the Georgia constitution does not. i.e., if a gay couple is married in a state that recognizes same-sex marriage, they are to be treated as legally married in their dealings with the federal government. One look at the constitution, it becomes clear that most of the important laws pertaining to defense, international relations, treaties, currency, financial system, homeland security, etc. Some of the same ideas that were in the Iroquois’ constitution were carried over to some of the ideas that we use in our government today. But this narrow focus leaves out the 50 state constitutions, which can offer different and more protective rights than their federal counterpart. The California Constitution can be amended in these ways: Through the process of a legislatively referred constitutional amendment. What is the meaning of an elastic clause? The Iroquois constitution came earlier in history than the U.S one did. It provides details into how Nevada became a state and when the Nevada constitution was created. 3. Which constitution has a supreme court of state and which has a supreme court? Articles of Confederation Vs. Constitution: All You Need to Know. My paper also explains what the governor of Nevada does and how his formal powers compare to those of the President. An independent city is one that operates separately from a county. They have been considered to be the official government of the United States for an extended period, as they served as the laws to be followed. Other differences include the powers that the Constitution grants between the federal and state government. It is when you can make new laws to the constitution. Every state chose to answer these questions in different ways based on distinctive local experiences, but in most cases colonial traditions were continued, but modified, so that the governor (the executive) lost significant power, while the assemblies (the legislative branch, which represented the people most directly) became much more important. One way to amend the constitution is by proposing a new amendment in congress and then ratifying the amendment in ¾ of the states. The Constitution reflects general principles of federalism -- the idea that multiple levels of government control the same territory. In a federal system such as the one in the US, it can also be said that the constitution is a “federal” constitution, instead of a “unitary” one. What is an amendment? Some state laws that differ from state to state are gun control laws, custody laws, divorce laws, motor carrier laws, business laws and marriage laws. In the Confederate plan, only citizens of the Confederacy were allowed to vote. Codified constitutions (most recent, in use today) A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. (3) Two-thirds of the state legislatures call on Congress to hold a constitutional convention, and three-fourths of the state legislatures approve the amendment. The constitution strengthened the central government in several ways. State Powers. To begin with, these two were made by the same people who had different views. Explaining the new Constitution’s proposed system of federalism to the people, James Madison wrote in “Federalist No. There are 50 different state constitutions, governing 50 different states. The federal government, under the powers of the U.S. Constitution, is given the power to make laws, veto laws, oversee foreign policy and national defense, impose tariffs, impeach officials, enter into treaties, interpret the Constitution, interpret laws and revise laws that allow one state to impede on the rights of another. How often the voting public changes or keeps representatives in office also differs on the federal and state level. There were key differences between the two documents in the how they both codified the law. Under Article V of the Constitution, there are two ways to propose and ratify amendments to the Constitution. Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law".. To propose amendments, two-thirds of both houses of Congress can vote to propose an amendment, or two-thirds of the state legislatures can ask Congress to call a national convention to propose amendments. One main difference between the United States Constitution and state constitutions is that state constitutions A. don't have bills of rights. An uncodified constitution is one that is not contained in a single document, but consists of several different sources, which may be written or unwritten. Traditionally, these included the “police powers” of health, education, and welfare. Another difference is who is eligible to vote. Independent cities might sound like another phrase outlining state and local relationships, but it technically refers to the relationship between cities and counties, not cities and states. In the Tenth Amendment, the Constitution also recognizes the powers of the state governments. We will write a custom Essay on The US constitution with the articles of confederation specifically for you for only $16.05 $11/page. Each state in the United States has its own constitution. Article 18, the Right of Suffrage was repealed in 1992. I will explain Nevada’s choice of having a direct democracy and what that actually entails. In reference to State power, another list of specifications exists. California See also: Article II and Article XVIII of the California Constitution and Laws governing ballot measures in California. Since its final ratification in 1788, the U.S. Constitution has been changed countless times by means other than the traditional and lengthy amendment process spelled out in Article V of the Constitution itself. From there, the amendment moves to the state legislators to … If they again approve of the measure, it will become part of Nevada's constitution. For one, the supreme law of the land allocated which powers were specific to the government and the states. In another case, the Supreme Court recognized the legitimacy of state law and ruled that married same-sex couples were entitled to federal benefits. If you sit to compare the Articles of Confederation and the Constitution, you will realize that even though they were drafted by the same people and that too within a span of just over a decade, there exist quite a few differences in them. Gun laws and same sex marriage laws have most recently been in the news. 301 certified writers online. One of the major differences between a state and a government is that a state is like an organization whereas a government is like a management team. States are solely responsible for the creation of their local governments, issuing of licenses, regulation of intrastate commerce, conducting of elections, ratification of Constitutional Amendments, ensuring public health and safety, as well as is connected to the institution on laws on legal drinking ages, for instance. Of course, all state constitutions are inferior (in a legal sense) to the United States Constitution, and when reading state constitutions, this must be kept in mind — a state constitution, for example, cannot validly authorize a state religion. If an initiative is submitted to the state's voters and they approve it, it will be re-submitted to them at another general election in two years. List two ways in which the u. s. constitution and state constitutions are similar and one way in which they are different. Mounting evidence makes it clear that the situation is far worse than most people think, that during the last several decades the U.S. Constitution has been effectively overthrown, and that it is now observed only as a façade to deceive and placate the masses. To ratify amendments, three-fourths of the state legislatures must approve … In fact, the U.S. Census Bureau counts them as equal to county-level governance. Georgia has a supreme court of state and the U.S has a supreme court. What is legal in one state may not be in the next. Preamble See also: Preambles to state constitutions The Articles of Confederation established a unicameral legislature, as opposed to the eventual bicameral system created by the Constitution. one similarity and one difference is listed already. In Congress, the amendment must have at least ⅔ majority support from both the House of Representatives and the Senate to be proposed, and then it must be debated and passed by a joint resolution. Which constitution has an elastic clause? From his experience as Ohio Solicitor General through his time on the 6th Circuit, Judge Jeffrey Sutton has seen the impact that state constitutions can have on the rule of law. In the former, apart from a central government, there is also government at state level, with legislative competence under the constitutional arrangements. They set out the structure of the state, the major state institutions, and the principles governing their relations with each other and with the state's citizens. … The rest of this lesson will help you complete your research and structure your essay accordingly. are in the hands of the federal government and state governments have to toe the line of the federal legislations. 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