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The States blog
Find out what your city and state really spend, a citizen's budget guide Six numbered steps to read the audited reports, budgets and contracts your city and state publish, and how to speak up before the vote. Federalism Lets Fifty States Experiment, and the Constitution Planned It Dividing power between Washington and the states lets a policy be tested in one place before it is imposed on all. The Framers built it that way. High-Risk Pools Covered the Sick Before 2014, and They Could Do It Again Funded high-risk pools protect people with costly conditions without raising premiums for everyone else, and the states have tested the model for decades. Vermont never required a carry permit, and the sky never fell Vermont has never required a carry permit, an 1903 ruling confirmed it, and the state stayed safe. The history, and the predictions made at each step. What a state RFRA does and does not do, in twelve plain questions Twelve plain answers on state religious freedom restoration acts, the compelling-interest test, Arizona's veto, Indiana's revision and how to find your own law. How to testify at your statehouse when an assisted-suicide bill is heard A step-by-step guide to finding the bill, signing up, writing a three-minute statement, meeting staff and following the vote, with no medical claims. Nullification Failed in 1832, and James Madison Himself Said It Should South Carolina claimed a state could void a federal law and cited Madison. Madison, still alive, said no. The history, and the tools states really have. How to Research Your State's Judges Before You Vote in a Judicial Election Six steps for researching judicial candidates, from your state's selection system to opinions, bar ratings, campaign money and the ethics rules. The Elections Clause Lets States Run Elections and Lets Congress Step In Article I, Section 4 gives state legislatures the first word on federal elections and Congress the last. Here is how the clause works and why it matters. How to testify at your statehouse when a gun bill comes up for a hearing A step-by-step guide to testifying on a gun bill: read the text and fiscal note, register, write a three-minute statement, cite Bruen correctly, follow up. How the Bill of Rights Came to Bind the States, One Right at a Time A dated timeline of incorporation, from Barron v. Baltimore in 1833 to Timbs v. Indiana in 2019, and what the long road teaches about liberty. The Tenth Amendment Left Out One Word, Expressly, and the Omission Mattered The Articles of Confederation reserved every power not expressly delegated. The First Congress dropped the word, and that choice shaped federalism ever since. Should Conservatives Call a Convention of States? Both Sides of Article V Conservatives split over Article V's second route, a convention called by the states. Both sides get a fair hearing, then I argue for using it with guardrails. From the Secret Ballot to HAVA, a Timeline of How Americans Came to Vote A dated timeline of how Americans came to vote, from voice voting and party tickets to the secret ballot, the Voting Rights Act, motor voter and HAVA. The Articles of Confederation Next to the Constitution, Side by Side Lay the Articles of Confederation beside the Constitution clause by clause and every repair the Framers made comes into view, plus a few worth undoing. Brutus No. 1 Predicted the Necessary and Proper Clause Would Swallow the States In October 1787 Brutus warned that the taxing power and one elastic clause would consolidate the states. Read his essay and see who history favored. Elected, Appointed or the Missouri Plan, How the States Choose Their Judges Four systems for choosing state judges trade accountability against independence differently, and a self-governing people should know which one it lives under. State Supreme Courts Decide More of Your Life Than the Nine in Washington Contracts, property, crime, divorce and schools mostly live in state courts under state constitutions, so know your own state's high court. Block Grants or Categorical Grants, and Why the Strings Matter Most How Washington sends money to the states decides who really runs a program. A table of grant types, the record since 1972, and which design suits which goal. Few and Defined, the Promise About Federal Power in Madison's Federalist 45 Madison promised federal powers would be few and defined and state powers numerous and indefinite. Here is the promise, and how it has been kept. Federalist 39 Shows the Constitution Is Partly National and Partly Federal Madison answered the charge of consolidation with five tests showing the new government was national in some respects and federal in others. Every Agency Should Have to Justify Its Existence Again, the Texas Sunset Way Sunset laws end an agency on a fixed date unless the legislature renews it. How Colorado and Texas built them, why states backed off, and a federal design. Chain of Custody for Ballots, the Dull Paperwork That Makes Results Trustworthy Seals, logs, paired handlers and a 22-month record rule let a canvass or recount prove a result instead of asserting it. Here is how the paperwork works. Why your state constitution may guard gun rights better than the federal one Your state has its own arms clause, often broader than the Second Amendment, and some demand strict scrutiny. Here is how it works and where to read it. John Adams Wrote the Oldest Working Written Constitution in the World The Massachusetts Constitution of 1780, drafted by John Adams, is still in force and taught the federal Framers how to separate power and declare rights. The Virginia Plan, the New Jersey Plan and the Final Constitution Compared Put the two rival plans of 1787 beside the signed Constitution and you can see exactly who won what, and why the result fits a large federal republic. Robert Smalls Took a Confederate Ship and Sailed His Family to Freedom The story of an enslaved pilot who steered a Confederate steamer past Charleston's forts in 1862 and then built a public career that outlasted the war. Massachusetts Saved the Constitution in 1788 by Ratifying and Asking for More Massachusetts ratified 187 to 168 by saying yes and recommending amendments, a formula that carried the close states and led to the Bill of Rights. From Delaware to Rhode Island, the Ratification Fight State by State Ratification ran from December 7, 1787 to May 29, 1790, and the big states nearly sank it. Every state's date, vote and fight, in order. Nine of Thirteen, Why Article VII Sidestepped the Articles of Confederation The Articles needed every state to agree to any change. The Framers sent the Constitution to the people's conventions instead, and made nine enough. The Supremacy Clause Makes Federal Law Supreme Only When Made in Pursuance Federal law beats state law only when Congress acts within its powers, and Washington may never draft state officers to run its programs. How a State Legislature Applies for an Article V Convention, Step by Step The state route to amending the Constitution runs through your legislature. Here are the steps, from the resolution's text to the 38th ratification. A Convention of States Is the Founders' Safety Valve, Weighed Honestly Article V gave the states their own road to amendments. Here is the fair case for and against using it, and why the safeguards favor trying. How New States Join the Union, From Vermont in 1791 to Hawaii in 1959 Article IV lets Congress admit new states but forbids carving one out of another without consent. Thirty-seven admissions show how the rule worked. A Republican Form of Government Is a Promise Article IV Makes to Every State The Guarantee Clause promises every state a republican government. Here is what republican meant in 1787 and why courts leave the promise to Congress. Article IV Stops States From Punishing Americans for Being From Somewhere Else The Privileges and Immunities Clause bars states from treating Americans from other states as outsiders in work, property and the courts. Full Faith and Credit Makes an Ohio Judgment Count in Texas, Within Limits Article IV binds states to honor each other's judgments so the Union works as one legal community. It binds them far less to each other's laws. Brutus Warned in 1788 That Unelected Judges Would Swallow the States The Anti-Federalist Brutus predicted judges would read the Constitution by its spirit and enlarge national power. Which predictions came true? The Contract Clause Once Guarded Your Deals Until a Depression Court Bent It For a century the Contract Clause kept states from rewriting private agreements. Then Blaisdell in 1934 let emergency open the door. Here is the history. Arizona's universal license recognition and the case for copying it Arizona's 2019 law honoring out-of-state occupational licenses lets workers move to opportunity, and the safety objection does not hold up. Seven States, One River and the 1922 Compact That Promised Too Much Water The 1922 Colorado River Compact divided water that was not there. Here is how it happened, what a century of lawsuits followed, and why markets beat allocation. Arizona Made Every Child Eligible for an ESA, How the Idea Spread So Fast Education savings accounts began as a narrow Arizona program for children with disabilities, went universal in about a decade, and spread to other states. California's AB5 put freelancers out of work, and voters pushed back California reclassified millions of independent workers as employees in 2019, then spent two years issuing exemptions. The story of AB5 and Proposition 22. California's 1969 no-fault divorce law and the revolution that followed Governor Reagan signed the law that ended fault divorce in California, and every state followed. The history, and the conservative fight over repeal or reform. What California's Proposition 47 Changed and What Proposition 36 Undid Prop 47 made many thefts and drug possession offences misdemeanors in 2014. Prop 36 restored felony options for repeat offenders in 2024. How Sanctuary Became a Brand, From a 1979 Police Order to City Hall From a 1979 Los Angeles police order and a Tucson church movement to San Francisco in 1989, how a narrow rule turned into a banner cities now advertise. The Electric Car Mandate Is a Choice Washington Makes for Your Driveway Phasing out new gasoline cars swaps millions of family choices for one government choice, and the case against it is about freedom and cost, not about the cars. Two Years After Goldwater, the 1966 Midterm That Put the Right Back in It The 1964 landslide was called the end of conservatism. In 1966 Republicans gained 47 House seats and a first-time candidate named Reagan took California. Chisholm v. Georgia Lost in 1793 and the States Answered With the 11th Amendment When the Supreme Court let a South Carolina man sue Georgia in 1793, the states amended the Constitution within two years. Here is how and why. The Case Against Cashless Bail Starts With the Victim, Not the Defendant Bail laws that bar judges from weighing danger get detention backwards. Here is the argument, the best reform case, and a better answer in detention hearings. The Northwest Ordinance of 1787 Banned Slavery and Promised Schools A dying Congress passed a charter in July 1787 that barred slavery, guaranteed rights and pledged schools in the Northwest. A close reading of its articles. Detroit Bulldozed Poletown for a Car Plant and Michigan Took 23 Years to Repent In 1981 Michigan's high court let Detroit condemn Poletown for General Motors, and in 2004 the same court overruled itself, setting the stage for Kelo. Defund the Police Was a Slogan Cities Tried and Then Quietly Walked Back In 2020 city councils promised to defund or dismantle their police. Within two years most reversed course, and the gap between activists and voters shows why. Pandemic Aid Fraud Is Theft From Taxpayers and Should Be Prosecuted When government sends money fast with no controls, organized fraud follows, and prosecuting it serves both law and order and limited government. The Firefighters Who Climbed the Towers and the 343 Names the FDNY Still Reads The New York firefighters who climbed the stairs on September 11, the failures the Commission found and the later cost to responders, told with the 343 names. September 11, 2001 Hour by Hour From the First Plane to the Last Rescue A timed account of September 11, 2001, drawn from the 9/11 Commission Report, from the hijackings to the collapses and the last survivor pulled from the rubble. New York's Big Soda Ban and the Nanny State That Lost in Court New York City's 16-ounce soda cap fell because an appointed board wrote a law that belonged to elected legislators, a separation-of-powers lesson. The Harlem Hellfighters Spent 191 Days Under Fire and Came Home Heroes Handed to the French because the army would not use it, a Black New York regiment fought 191 days in 1918 and marched up Fifth Avenue to a hero's welcome. Ellis Island Asked Twelve Million Newcomers to Become Americans and They Did Ellis Island processed about twelve million people from 1892 to 1954, and its line, sponsors, night schools and oath all expected newcomers to become Americans. Hamilton at Poughkeepsie, How New York Ratified by Three Votes New York's convention opened with opponents holding a large majority and ratified 30 to 27 on July 26, 1788. How argument and events turned it. The Sullivan Act of 1911 and the century New York spent rationing carry permits New York's Sullivan Act gave officials discretion over who could carry a handgun. A century later Bruen ended it, and Albany answered with a new set of hurdles. Broken Windows Turns Forty-Plus, and What Wilson and Kelling Actually Wrote The 1982 essay behind broken windows policing has been misdescribed ever since. Here is what it said, what New York did with it, and what the record supports. Before Ellis Island, the States Ran Immigration and the Court Stopped Them For most of the 1800s port states screened and taxed arriving passengers until the Supreme Court held in 1876 that immigration belonged to Congress. Why Rucho Was Right to Keep Federal Judges Out of Partisan Map Fights Rucho v. Common Cause (2019) sent partisan gerrymandering back to legislatures, state courts and Congress, and the Constitution's text backs that result. When Dentists Policed Teeth Whitening, the Supreme Court Said No A licensing board run by working dentists shut out teeth-whiteners, and in 2015 the Supreme Court held it was not above antitrust law without state supervision. Flight 93 Passengers Voted to Fight Back and Saved a Target in Washington How the passengers and crew of United 93 learned by phone what had happened, decided to act and charged the cockpit, and why they stand with the Minutemen. Centinel Called the Convention a Conspiracy and Got a Few Things Right Philadelphia's Centinel called the Constitution an aristocratic plot. Separate his overheated charges from his sound points on the Senate and the courts. James Wilson, the Forgotten Founder Who Put the People at the Center James Wilson signed the Declaration and the Constitution and argued that all power flows from the people. Why he matters, and why he is forgotten. Gettysburg in Three Days and the Charge That Failed on July 3, 1863 A three-day account of Gettysburg, from Buford's cavalry to Little Round Top to Pickett's Charge, and why the battle marked the high tide of the Confederacy. What Pennsylvania and Vermont wrote about arms before the Second Amendment Early state constitutions protected arms for defence of themselves and the state, beside limits on standing armies. They show what Americans meant. Houston has almost no zoning, and its houses cost less to prove it Houston is the biggest American city without conventional zoning, and it builds. How it works, three votes against zoning, and the flooding objection answered. Texas Chose Treatment Beds Over New Prisons in 2007, and Here Is Why Texas faced a forecast of thousands of new prison beds and bought treatment and diversion instead, a fiscal conservative choice worth understanding. What California's 1975 Malpractice Law and Texas's 2003 Reform Taught Us California capped pain-and-suffering damages in 1975 and Texas followed in 2003, and the record shows what caps can and cannot do. The Alamo in Thirteen Days and Why Texans Still Remember It A day-by-day account of the siege from February 23 to March 6, 1836, and the Goliad and San Jacinto weeks that gave the defeat its meaning. Seven Things People Said About the Texas Blackout of 2021, Tested Both sides told tidy stories about Winter Storm Uri. Seven claims tested against the federal record, and the lesson about paying for dependable power. Does Mass Illegal Entry Count as an Invasion Under the Constitution Two clauses use the word invasion, conservatives disagree on whether they reach unlawful migration, and the courts have mostly declined to say. George Mason Refused to Sign, and His Objections Became the Bill of Rights Mason wrote Virginia's Declaration of Rights, helped draft the Constitution and refused to sign it. Then his objection became the Bill of Rights. Patrick Henry Against James Madison, the Richmond Debate That Decided Virginia In June 1788 Patrick Henry warned of a consolidated government and Madison answered him point by point. Virginia ratified 89 to 79. Who was right? Polly Williams, the Milwaukee Democrat Who Started the Voucher Movement The first modern voucher program came from a Black Democrat in the Wisconsin legislature who wanted poor families to have what rich ones had. Her story.