When Thomas Jefferson sat down to write the Declaration of Independence, he relied in no small part on the May 1776 draft of the Virginia Declaration of Rights. The Declaration of Virginia, drafted by George Mason and adopted in its final form in June 1776 as part of the state’s first constitution, asserts that “all men are created equal, free and independent,” have “certain inherent rights,” and cannot be denied the “enjoyment of life and liberty” and “the pursuit and acquisition of happiness and security.”
With Jefferson’s changes, language advanced by leaps and bounds. But Virginia’s declaration is one of many examples of how state constitutions helped shape America’s story.
Revolutionary state constitutions like Virginia’s were part of what the late historian Gordon Wood described as “the most creative period of constitutionalism in American history, and one of the most creative periods in modern Western history.” These state charters are essential to understanding America’s founding. But perhaps more importantly, state constitutions also provide an explanation for American progress, backlash, and controversy that continues to this day.
New Hampshire adopted the first American Constitution on January 5, 1776. Many early state constitutions, including those of Massachusetts, New York, Pennsylvania, and Virginia, played an influential role in shaping the U.S. Constitution. Prominent figures of the Revolutionary era such as Mason, James Madison, John Jay, and John Adams played important roles in drafting the state constitution. And when the Anti-Federalists demanded the adoption of a Bill of Rights as a condition of ratifying the U.S. Constitution, they pointed to the States’ Declaration of Rights.
State constitutions also help tell the story of slavery and the continued fight for civil rights. North Carolina’s original Declaration of Rights contained several provisions that applied only to “freemen” and omitted the Inalienable Rights Clause due to concerns that it could undermine slavery. Today, the North Carolina Constitution still imposes a (non-mandatory) literacy test for voting. Marcus Gadson, a professor at the University of North Carolina at Chapel Hill School of Law, argues that the state’s current constitution, ratified in 1970, reflects the influence of two “incompatible” constitutional visions: the antislavery 1776 Constitution and the equality-era Reconstruction-era Charter. “In this way, the North Carolina Constitution bears witness to America’s racial history in a way that other documents surprisingly do not,” he explains.
As new states entered the Union, their constitutions reflected their unique histories, as well as the movements and concerns prevalent at the time of their adoption. Arizona’s 1912 Constitution shows the influence of the then-dominant Progressive movement, including strong protections for workers’ rights and a citizen initiative and referendum process. The Right to Work Amendment of 1946 reflected growing skepticism about workers’ rights in the state.
Over time, most states went back to square one and accepted new charters. For example, Montana adopted a new constitution in 1972 that provides strong protections for the environment as well as property and privacy rights.
One of the most notable differences between state constitutions and the U.S. Constitution is that state constitutions are relatively easy to amend and even rewrite. As such, they often become battlegrounds for establishing and contesting rights. For example, while we are still waiting for the federal Equal Rights Amendment, the majority of state constitutions now provide equal protection for men and women. One of the biggest topics regarding state constitutions in recent years is each state’s response to the 2022 U.S. Supreme Court ruling. Dobbs v. Jackson Women’s Health Organization Overturning the federal right to abortion. Since then dobbsTen states have passed amendments protecting abortion rights.
However, state reforms have also contributed to the reduction of rights. After the Massachusetts Supreme Judicial Court recognized same-sex couples’ right to marry under the state constitution, and before the U.S. Supreme Court recognized the federal right. Obergefell vs. Hodges —More than half of all states passed amendments banning marriage equality. A small number of states have repealed these amendments in recent years, reflecting concerns that courts might revisit marriage equality precedent.
The history of state constitutions is a powerful reminder that America’s stories are diverse, contested, and continuing to be written.
Alicia Bannon is the editor-in-chief state court report. She is also the director of justice programs at the Brennan Center for Justice.
