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125–127 Part II, Ch. 1, Generallegislatures selected senators, who directly represented the interests of thevarious states. Even after the Seventeenth Amendment (1913) establishedpopular election of senators, states still enjoy equal representation in the Senate.This recognizes their equal status as component units of the American polity.In addition, as long as they do not discriminate on the basis of race, gender, orother factors, the states also set eligibility requirements for voting in bothnational and state elections. Finally, under Article V of the U.S. Constitution,constitutional amendments require ratification by three-quarters of the states.Taken altogether, these protections for state autonomy and state interests justifyJames Madison’s claim that the system created by the Constitution was partlynational and partly (con)federal.§2. POLITICAL PARTIES125. Few state constitutions mention political parties at all, since partiesare understood as non-governmental institutions. State constitutions do notprescribe what parties can be formed nor which parties can put forwardcandidates at election. The main contribution of state constitutions is to providethe freedom within which political activity can take place rather than toprescribe the form it takes. They provide this framework for political activityby guaranteeing the freedom of speech, the freedom of the press, and the rightto associate with others for political purposes.126. The federal Bill of Rights likewise provides such guarantees ofpolitical freedom. In addition, the federal Constitution limits the power of thestates to regulate political parties. In Eu v. San Francisco County DemocraticCommittee (1989), for example, the United States Supreme Court struck downa state ban preventing state parties’ official governing bodies from endorsingcandidates in primary elections, as well as state restrictions on the organizationand composition of political parties’ official governing bodies. According to theCourt, state regulations that burden the rights of political parties or theirmembers are subject to strict constitutional scrutiny and would be upheld onlyif the regulations serve a compelling state interest.§3. MISCELLANEOUS CHARACTERISTICS127. The initiative and referendum movement around the turn of thecentury was an indication of public dissatisfaction with state legislatures.Initiatives enabled the public to bypass unresponsive state legislatures, andreferendums provided a check on the effect of unpopular statutes. The initiativeallowed the people to take direct action when the legislature refused to act. Thereferendum enabled the people to target specific enactments for disapprovalrather than depend on the indirect deterrence of procedural restrictions. Finally,the recall permits voters to remove officials from office prior to the expirationof their term of office.54 – USA (Sub-national) Constitutional Law – Suppl. 34 (October 1999)
General, Part II, Ch. 1 128128. The people of South Dakota began the process of taking back, orreserving to themselves, a measure of legislative power in a constitutionalamendment approved in 1898. During the next twenty years, about a dozenstates followed the lead.Constitutional Law – Suppl. 34 (October 1999) USA (Sub-national) – 55
Page 1 and 2: United States of AmericaSub-nationa
Page 3 and 4: The AuthorsG. Alan Tarr is Distingu
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Page 22 and 23: 43-47 Selected BibliographyRobert F
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Page 56 and 57: 209-212Chapter 4. Judicial Control
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Illinois Constitutionfiled with the
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IndexThe numbers given are paragrap
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