Jump to ContentJump to Main Navigation
The Law of American State Constitutions$
Users without a subscription are not able to see the full content.

Robert F. Williams

Print publication date: 2009

Print ISBN-13: 9780195343083

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780195343083.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 03 December 2020

State Constitutional Distribution of Powers

State Constitutional Distribution of Powers

The Law of American State Constitutions

Robert F. Williams

Oxford University Press

This chapter presents a general discussion of state constitutional distribution or separation of powers. The federal Constitution does not mandate any particular arrangement of governmental powers in the states. By contrast to rights provisions, the federal Constitution's separation of powers doctrine has not been incorporated into the federal Constitution so as to apply to the states. For this reason federal separation of powers doctrines should be even less persuasive in state courts than federal constitutional rights interpretation. Many states' constitutions, unlike the federal Constitution, contain textual requirements of separation of powers and bans on dual office holding. Further, however, the states' constitutional distribution of powers arrangements differ a good deal from state to state. The chapter therefore describes the importance of a state-specific separation of powers analysis based on that state's specific arrangements. Examples are given where a state has a particularly strong governor or legislature. The chapter distinguishes between functional and formalist separation of powers analysis, and provides an example of state separation of powers approaches to the delegation of legislative authority.

Keywords:   separation of powers, functional, formal, federal separation of powers, state-specific separation of powers, legislative delegation

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .