Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2021 The Democracy Principle in State Constitutions Jessica Bulman-Pozen Columbia Law School,
[email protected] Miriam Seifter University of Wisconsin Law School,
[email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Constitutional Law Commons, Election Law Commons, Law and Politics Commons, Legislation Commons, and the State and Local Government Law Commons Recommended Citation Jessica Bulman-Pozen & Miriam Seifter, The Democracy Principle in State Constitutions, 119 MICH. L. REV. 859 (2021). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2654 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact
[email protected]. THE DEMOCRACY PRINCIPLE IN STATE CONSTITUTIONS Jessica Bulman-Pozen*& Miriam Seifter** In recent years, antidemocratic behavior has rippled across the nation. Lame- duck state legislatures have stripped popularly elected governors of their pow- ers; extreme partisan gerrymanders have warped representative institutions; state officials have nullified popularly adopted initiatives. The federal Consti- tution offers few resources to address these problems, and ballot-box solutions cannot work when antidemocratic actions undermine elections themselves. Commentators increasingly decry the rule of the many by the few. This Article argues that a vital response has been neglected. State constitu- tions embody a deep commitment to democracy. Unlike the federal Constitu- tion, they were drafted—and have been repeatedly rewritten and amended— to empower popular majorities.