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State Constitutions (United States)

In a State Constitution document, each US State at length and in more detail than the US Constitution describes its governmental structure, legal processes, and powers of the State over its citizens. A State's Constitution cannot violate and must generally conform to the US Constitution, and its amendments. Citizens can vote to amend State Constitutions.

346 Questions

If our Founding Fathers created The Constitution today what would it say?

While I am sure that others will suggest that the Constitution would be very different if the Founding Fathers wrote it today, rather than in 1787, my belief is that it would look much the same as the original document. Justice Scalia, in a 2014 speech titled "Interpreting the Constitution: A View From the High Court," as part of a constitutional symposium hosted by the State Bar of Georgia, stated that Originalism, and trying to determine precisely what the ratified document meant, is the only legitimate option. Otherwise, as Scalia argued, you're just telling judges to govern. "The Constitution is not a living organism," Scalia said. "It's a legal document, and it says what it says and doesn't say what it doesn't say."

I believe that if the Founding Fathers were alive today, and assembled together in a constitutional convention, they would agree with what Justice Scalia said, and would not seek to make drastic changes to their original document. I also believe that the Founding Fathers would be shocked and dismayed to see the extent at which the limits and prohibitions imposed upon government and the courts by their original document have been disregarded, allowing these institutions to usurp powers which the Founders never intended or granted. The purpose of the Constitution was to constrain government to a very limited scope of specifically enumerated powers, and thus any powers government has assumed which are not specifically enumerated by the Constitution are unconstitutional, as well as being repugnant to the Constitution, which is the supreme law of our land. Because of this, I believe that the Founders, if assembled in a constitutional convention today, would first review all Amendments made to the Constitution beyond the first ten (the so-called Bill of Rights, which would better have been called the Bill of Prohibitions), and that they would strike out any of the several Amendments which they determine to have been unconstitutional and/or improperly ratified. Next, I believe that to prevent future usurpations of government powers, and/or Supreme Court reinterpretations of what the Constitution means, the Founders would provide new text that clarifies exactly what they mean in any section which it has been argued that the meaning is ambiguous, and that they would also provide a proper means for the people to hold government and court officials accountable for transgressions against the Constitution. This latter step would include reinstating Article III common law courts at both state and federal levels, empaneling citizen operated Grand Juries with full power to independently investigate citizen reported abuses of power by government and court officials, and to write indictments charging such abusers with treason and warring with the Constitution.

Inarguably, without providing clarifications to remove all alleged ambiguity regarding original intent, and without providing the people with the means to hold government and court officials accountable to their oaths to uphold the Constitution, no additions or revisions to the Constitution can be claimed to be in the best interests of the people. The only proper function of government in our republic is to uphold and protect the peoples' liberties and inalienable rights.

What are the characteristics of pay day lenders?

"Pay Day" loans are "unsecured" - i.e. not backed by a guarantor or collateralized by a lien on any property

"Pay Day" loans carry extremely high interest rates - frequently legally classified as "predatory" or "usury"

Typical APR rates where regulated are 36% to 40%; rates are higher where not regulated.

Some jurisdictions outlaw payday lending entirely, and some have very few restrictions on payday lenders.

Many (if not most) pay day lender operations are of dubious legality. Many are outright illegal. The Better Business Bureau won't rate them because none of them can adhere to standards that qualify as ethical by the BBB - their very nature and mode of operation puts them at odds with even the most minimal standards of conduct permitted by the BBB.

You have little if any recourse if a payday lender abuses you.

What was one main point of the Mississippi Constitution of 1817?

I believe that the most important point of the Mississippi Constitution of 1817 was made in Section 2, which said, "That all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and, therefore, they have, at all times, an unalienable and indefeasible right to alter or abolish their form of government, in such manner as they may think expedient." What this says, essentially, is just what one would think at first reading. The people created their state government, and that government's only purpose is to act in ways that benefit the people. If the government abuses that limited power, the people have the option of either altering their government or completely abolishing it, and may do so swiftly, by whatever means they feel is justified. If the people did abolish their state government, and wanted to establish a new one, it would of course have to be a republican form of government as is stated in the federal Constitution at Article 4, Section 4, which states, "The United States shall guarantee to every State in this Union a Republican Form of Government....."

Has the state constitution of Georgia been amended to prohibit same-sex marriage in that state?

Yes, in 2004, but it was struck down by the US Supreme Court on June 26, 2015. The amendment used to say:
(a) This state shall recognize as marriage only the union of man and woman. Marriages between persons of the same sex are prohibited in this state.
(b) No union between persons of the same sex shall be recognized by this state as entitled to the benefits of marriage. This state shall not give effect to any public act, record, or judicial proceeding of any other state or jurisdiction respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other state or jurisdiction. The courts of this state shall have no jurisdiction to grant a divorce or separate maintenance with respect to any such relationship or otherwise to consider or rule on any of the parties' respective rights arising as a result of or in connection with such relationship.

What university is set forth for first class citizens by the Texas constitution?

The University of Texas at Austin is the institution designated as the "university of the first class" by the Texas Constitution. This designation reflects the state's commitment to supporting a premier public university that provides high-quality education and research opportunities.

When was California's Proposition 8 overturned?

August 4, 2010, although the matter is currently under appeal.

Update

The results of the appeal are in. On February 7, 2012, the United States Court of Appeals for the 9th District ruled that California's Proposition 8 violated the 14th Amendment to the United States Constitution by discriminating against a group of people, namely gay men and lesbians.

Why did the Georgia constitution of 1777 governor limit the term to one year?

The people were afraid of too much government control based on past governors' loyalty to Great Britain, and gave the legislature the most power, and severely limiting the governor's power and time.

Does moving away to go to school at 17 constitute emancipation in California?

No, going to college does not emancipate you. Until you reach the age of majority, you are the responsibility of your parents. They get to decide where you can live.