The Democracy Principle in State Constitutions

In recent years, antidemocratic behavior has rippled across the nation. Lame-duck state legislatures have stripped popularly elected governors of their powers; extreme partisan gerrymanders warped representative institutions; officials nullified adopted initiatives. The federal Constitution offers few resources to address these problems, and ballot-box solutions cannot work when actions undermine elections themselves. Commentators increasingly decry rule many by few. This Article argues that a vital response been neglected. State constitutions embody deep commitment democracy. Unlike Constitution, they were drafted—and repeatedly rewritten amended— empower popular majorities. text, history, structure alike, express sovereignty, majority rule, political equality. We shorthand this democracy principle describe its development current potential. Article’s aims are both theoretical practical. At level theory, we offer new view American constitutionalism, one in which majoritarian states’ founding documents complements antimajoritarian tilt national document. Such complementarity is an unspoken premise familiar claim may temper excesses abuses majoritarianism. focus on other half equation: ameliorate democratic shortcomings. practice, show how can inform number contemporary conflicts. Reimagining cases concerning electoral interference, entrenchment, more, argue it time reclaim constitutional