USA - International Encyclopaedia of Laws

General Introduction 29–35typically included an acknowledgment of God’s existence and beneficence.These preambles have no legal force.29. Declaration of Rights/Bill of Rights: These provisions protect certainfundamental rights against state, local, and (sometimes) private abridgement.Typical provisions include guarantees of freedom of speech and of the press,the free exercise of religion, the right to a jury trial, and various rights ofdefendants in criminal prosecutions, such as restrictions on unreasonablesearches and seizures, bans on compelled self-incrimination, and the right tocounsel. In addition, state declarations of rights often include rights notexpressly recognized by the federal Constitution, such as the right to a legalremedy and a recognition of gender equality.30. Separation of powers: This provision, found in about two-thirds of stateconstitutions, expressly requires a separation of governmental powers, forbiddingdual office-holding and confining each branch of government to the exerciseof its own powers.31. Suffrage: This article elaborates the qualifications for voting in stateelections.32. Legislative Article: This article describes the structure of the statelegislature and defines the qualifications and mode of selection of its members.Because the state legislative power is considered to be plenary, the legislativearticle does not grant power to the legislature. Rather, it imposes variouslimitations on the legislative power. Some of these limitations relate to theprocess of legislation (e.g., requirements as to the form of bills, the range ofsubjects a single bill can encompass, and the procedures by which a bill is tobe considered and adopted). Other limitations relate to the substance oflegislation.33. Executive Article: The executive article creates the various constitutionaloffices and indicates how they are to be filled. It also prescribes thesphere of authority of each officer and the division of responsibility amongthem, indicating the extent to which the governor or other officials can exerciseauthority over their fellow executive officers. One effect of the ‘constitutionalization’of executive offices and agencies is to limit the legislature’s opportunitiesto reorganize the state’s executive branch.34. Judicial Article: The judicial article creates the state’s courts, definestheir jurisdictions, and explains how judges are to be selected. It also typicallygrants to the chief justice of the supreme court supervisory power over thesystem of courts and to the supreme court various non-adjudicatory powers, suchas the power to regulate the legal profession.35. Local government: The local government article provides for thecreation of units of local government and specifies their structure and powers.Constitutional Law – Suppl. 34 (October 1999) USA (Sub-national) – 17