Is It Possible for a U.S. State to Have an Unwritten Constitution?
Introduction
The United Kingdom, Israel, and New Zealand are the only countries with unwritten constitutions. Unlike the U.S., where the Constitution is the supreme law of the land, the U.K. relies on a complex web of constitutional laws, customs, and conventions. This article explores whether a U.S. state could adopt a similar approach, delving into the historical context and the practical implications.
Historical Context
The United Kingdom's Constitution
The U.K. has a long-standing, unwritten constitution.
The constitution is not codified in a single document but is instead made up of various laws, conventions, and customs. This system ensures flexibility and adaptability in response to changing circumstances.
Parliament has recently discussed the possibility of gathering these dispersed laws into a single document for clarity and ease of understanding.
The Case of the United States
While the U.S. Constitution is well-recognized, the idea of an unwritten constitution for a U.S. state is somewhat complex. Unlike the federal government, state constitutions are typically written and codified. However, they can still reflect the principles of an unwritten constitution through their interpretation and application.
Legal and Practical Considerations
Prerequisite for Statehood
For a state to be recognized as a state, a written constitution is often a necessity. The U.S. Constitution itself is explicitly recognized as the supreme law, per the Marbury v. Madison ruling. This means that any rights enshrined in the U.S. Constitution cannot be denied by state laws.
Historical Examples
Colonial Era and the Declaration of Independence: Thomas Jefferson initially sought to establish a looser constitution, similar to the U.K.'s, with the Declaration of Independence as the primary document. Jefferson was abroad during the Continental Congress, and this plan didn't materialize.
Post-Colonial Period: When the U.S. was founded in 1776, it was a coalition of provisional revolutionary states. There was no single national constitution until 1788. States either used their colonial charters or wrote new constitutions. Some states, such as Connecticut and Rhode Island, retained their colonial charters as state constitutions.
Comparing State Constitutions
Not all U.S. states wrote constitutions immediately after gaining independence. Some remained under colonial charters, while others developed their own constitutions. The example of Connecticut and Rhode Island illustrates that a state's constitution can be loosely based on existing documents, but it still needs to be a written and ratified document.
Conclusion
While the concept of an unwritten constitution may seem intriguing, the practical realities and legal requirements of statehood in the U.S. strongly favor written constitutions. However, the mechanisms through which states can adapt their constitutions, much like the U.K., highlight the importance of flexibility and adaptability in governance.