State Constitution Revision: An Exercise in Federalism and Sovereignty

Extract

Experience with the concepts of federalism and sovereignty is usually limited to readings and lectures, especially in a class of undergraduates. Since these two concepts are the foundation of American governmental structure on all levels, I want to ensure that the students grasp them. I feel that students have a better grasp of information and its application when they can actually use the information themselves. I have developed the following exercise to explore federalism and sovereignty issues: posing a question concerning a state's revision of its constitution to the students as if they were on the state's constitution revision commission. The lively debates and discussions that ensue cover not only the main issues of sovereignty and federalism but encompass the use (and misuse) of executive power, legislative oversight, and commissions—all concepts that are critical to the study of American national, state and local government.

Towards the end of a class focusing on constitutions (and after a class covering the basics of federalism), the stage is set by talking about state constitution revisions and the trend toward simpler “plain English” state constitutions. (Note: This can be adapted for county/city/town charter revisions also.) The class is told that the instructor is the governor of the State of Confusion, and they have been gathered to form the State of Confusion's Constitution Revision Commission. The first section the commission will address at the next meeting is the following: