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Ballotpedia
Ballotpedia
National
Victoria Antram

What is a state constitution?

A state constitution is the governing document of a U.S. state, comparable to the United States Constitution, which is the governing document of the United States. Some states have had multiple constitutions, and since each state drafts its own, there is great diversity between them, though all have some basic concepts in common.

Twenty states have had one state constitution since statehood. Louisiana has had the most, with 11 state constitutions. On average, states have had between two and three constitutions since statehood. In the U.S., 49 of 50 states require voter approval for the ratification of state constitutional amendments. Delaware does not require voters to approve state constitutional amendments.

The process for proposing and ratifying state constitutional amendments is different from state to state. State legislatures can vote to send constitutional amendments to voters for ratification. Additionally, 18 states also allow citizens to initiate constitutional amendments. You can learn more about the rules for legislative constitutional amendments here and the rules for initiated constitutional amendments here.

Amendments can also be proposed by constitutional conventions or state commissions. The last time that voters decided on convention-referred constitutional amendments was in 1986 in Rhode Island. In 1984, voters approved a constitutional convention question, and the convention referred 14 constitutional amendments to the ballot in 1986.

A commission-referred ballot measure is a ballot measure that a commission votes to place on the ballot. These ballot measures, depending on the commission's powers, could be constitutional amendments or statutes. The commissions are not legislatures but have been granted the power to propose ballot measures, either through a prior act of a state legislature or state constitutional language. Two states — Arizona and Florida — have commissions that have the power to refer measures to statewide ballots. In Arizona, the commission can refer statutes related to government salaries. In Florida, the commissions can refer state constitutional amendments. In Florida, the Constitution Revision Commission and Taxation and Budget Reform Commission, which convene every 20 years, can refer constitutional amendments to the ballot.

The average length of a state constitution is about 39,000 words (compared to 7,591 words for the U.S. Constitution, including its amendments). The longest state governing document is Alabama's, at approximately 338,000 words.

The average state constitution has been amended about 130 times. The Texas Constitution has been amended the most, with 545 amendments. The oldest state constitution still in effect is Massachusetts's, which took effect in 1780. It has been amended 121 times. The newest is the Alabama Constitution, which was ratified by voters in 2022.

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