Robinson Woodward-Burns report at the Brennan Center:
The data on state constitutional amendments shows the broad range of rights affected and how reformers approach changes to the documents.
Download the full dataset and methodology here.
Congressional gridlock and a rightward shift in federal jurisprudence have encouraged reformers to look to state law. State constitutions invite reform, with low barriers to amendment and a tradition of protecting rights missing in the U.S. Constitution. Over the last 20 years, the states have vented pressures for reform, addressing national debates over reproductive, labor, voting, LGBTQ+, and education rights. Through state constitutional revisions, Americans have been able to address national constitutional controversies.
Yet, despite this robust state constitutional activity, only around half of the public knows that state constitutions exist. Even academics tend to ignore these state documents. What The New York Times wrote in 1982 still rings true: Among scholars, “the study of state law is considered parochial. Of even more vital interest to professors anxious to make a name for themselves, national reputations have generally been thought to come only by studying ‘national law.’”
But national constitutional debates filter down to the states. Over the last two decades, state amendments have restructured state, county, and municipal government, elaborated public policy, and enumerated rights. Understanding contemporary constitutionalism requires looking to state constitutions and their amendments…..
