Kara Sears
State laws can be removed or altered, but the process varies depending on the state and the type of law. In general, the state legislature is responsible for passing, amending, or repealing laws, and governors typically do not have the power to unilaterally remove or change laws. However, they may have a veto to prevent new laws from being passed. The process of altering or repealing a law is known as legislative alteration, and it can be applied to citizen initiatives and state statutes. Some states require supermajority votes to amend or repeal approved initiatives, while others have time restrictions or a combination of both. Additionally, state laws can be held unconstitutional if they violate certain clauses or impose invalid burdens.
| Characteristics | Values |
|---|---|
| Who can remove state laws? | State legislature |
| Who cannot remove state laws? | State executive, Governor |
| What is the term for removing a law? | Legislative alteration |
| What does legislative alteration refer to? | Repealing or amending citizen initiatives after voters have approved them |
| Which states require a supermajority vote to amend or repeal approved citizen initiatives? | Michigan, North Dakota, Washington, Nebraska, Arkansas |
| Which states require a three-fourths supermajority vote? | Michigan |
| Which states require a two-thirds supermajority vote? | North Dakota, Washington, Nebraska, Arkansas |
| Which states require voter approval of substantive alteration? | Arizona, California |
| Which states have time restrictions? | Alaska, Wyoming, Nevada, North Dakota, Washington |
| Which states have time restrictions of two years? | Alaska, Wyoming, Washington |
| Which state has a time restriction of three years? | Nevada |
| Which state has a time restriction of seven years? | North Dakota |
| Can state laws be unconstitutional? | Yes |
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What You'll Learn
Governors cannot remove state laws
Governors are responsible for implementing state laws and overseeing the operation of the state executive branch. They also have the power to declare emergencies, modify their state's legal framework, and appoint state court judges. While governors have a lot of power, the scope of their power varies from state to state.
In general, the passage or amendment/repeal of laws is a job for the state legislature, not the state executive. Governors neither make nor repeal laws. Different states have different systems, but in most cases, it is the legislature that makes laws. To repeal a law, the legislature would have to pass such a repeal.
Governors can, however, veto a law by refusing to sign it. In a large majority of states, a bill will become law unless it is vetoed by the governor within a specified number of days, which vary among states. In a smaller number of states, bills will die (pocket veto) unless the governor formally signs them, also within a specified number of days.
Other types of vetoes available to the governors of some states include “line-item” (by which a governor can strike a general item from a piece of legislation), “reduction” (by which a governor can delete a budget item), and “amendatory” (by which a governor can revise legislation).
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State legislatures can repeal or amend citizen initiatives
Eleven states have no restrictions on legislative alteration of voter-approved initiatives. These include Washington, D.C., where the city council can repeal or alter the city code passed through citizen initiatives. In contrast, ten states have restrictions on how and when the legislature can amend or repeal such initiatives. Eight of these states have a supermajority vote requirement, a time requirement, or a combination of both. For example, Michigan requires a three-fourths supermajority vote to amend or repeal approved citizen initiatives, while North Dakota, Washington, Nebraska, and Arkansas require two-thirds supermajority votes. Additionally, North Dakota and Washington allow the state legislature to amend or repeal an approved initiative with a simple majority vote after a specified period (seven years for North Dakota and two years for Washington). Alaska and Wyoming also have a two-year time requirement, and Nevada has a three-year requirement.
Some states have taken specific approaches to address citizen initiatives. For instance, Michigan employed a tactic called "adopt and amend" in 2018, where the legislature passed two citizen-initiated proposals and subsequently amended them. Arizona, on the other hand, passed a resolution in 2021 that would have allowed the legislature to amend or repeal a citizen-initiated law if any part of it was deemed unconstitutional by the state or federal Supreme Court. However, voters rejected this proposal the following year.
The power of state legislatures to repeal or amend citizen initiatives is a concern for citizens who want to protect their ability to enact policy through ballot initiatives. This power dynamic between lawmakers and citizens is an ongoing development in the political landscape.
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State laws can be held unconstitutional
Furthermore, a Virginia law that accepted coupons on state bonds as payment for state fees was later deemed unconstitutional when a subsequent law mandated legal tender for professional license fees, impairing the contract between the coupon holder and the state. In the case of Pickard v. Pullman Southern Car Co., 117 U. S. 34 (1886), a Tennessee tax on sleeping cars in railway travel was voided when applied to cars in interstate commerce.
State legislatures have the power to repeal or amend laws, including citizen initiatives that have been approved by voters. However, it is important to note that legislatures cannot alter initiated constitutional amendments without seeking voter approval first. The process for amending or repealing laws varies across states. For example, Michigan requires a three-fourths supermajority vote to make changes to approved citizen initiatives, while North Dakota, Washington, Nebraska, and Arkansas demand a two-thirds supermajority vote.
In summary, while state laws are generally enacted and repealed by state legislatures, they can be held unconstitutional if they contravene the provisions of the U.S. Constitution or the obligations of contracts. This power to review and overturn state laws helps to ensure that they align with the nation's founding principles and contractual commitments.
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Legislative alteration processes vary by state
The legislative alteration process varies across different states in the USA. The term 'legislative alteration' refers to when lawmakers repeal or amend citizen initiatives after voters have approved them. This applies only to initiated state statutes, as legislatures cannot change initiated constitutional amendments without voter approval.
Of the 21 states with a process for initiated state statutes, 11 have no restrictions on legislative alteration of voter-approved initiatives. These 11 states are:
- Washington, D.C.
- Alaska
- Wyoming
- Nevada
- Michigan
- North Dakota
- Washington
- Nebraska
- Arkansas
- California
- Arizona
The remaining 10 states with a process for initiated state statutes have varying restrictions on legislative alteration. Eight of these states have a supermajority vote requirement, a time requirement, or a combination of both. The two states that require voter approval to amend voter-approved initiatives are Arizona and California.
The laws governing legislative alteration in each state differ. For example, in North Dakota and Washington, the state legislature may amend or repeal an approved citizen initiative with a simple majority vote after a period of time has passed. In North Dakota, the time period is seven years, while in Washington, it is two years. Similarly, Alaska and Wyoming require two years to elapse before repeal, but their legislatures can amend an initiative at any time. In Nevada, three years must pass before an amendment or repeal can be made.
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Laws can be amended over time
In the United States, laws can be amended or repealed at both the state and federal levels. At the federal level, Congress is the law-making branch of the government, and any amendments or repeals of laws are typically passed by Congress.
At the state level, the process can vary depending on the state. In some states, the state legislature has the power to amend or repeal laws, while in other states, the governor may have a veto power to prevent a new law from being passed or amended. For example, in Michigan, a three-fourths supermajority vote is required to amend or repeal approved citizen initiatives, while in North Dakota and Washington, a simple majority vote of the state legislature is sufficient after a period of two years has passed.
It is important to note that the process of amending or repealing laws can be complex and may involve multiple steps and requirements, such as supermajority vote thresholds or time restrictions. Additionally, the specific procedures can differ between states, and some states may have more stringent requirements than others.
The term "legislative alteration" refers to the process of lawmakers repealing or amending citizen initiatives after they have been approved by voters. This process can occur at the statewide level for initiated state statutes, but legislatures cannot change initiated constitutional amendments without voter approval. Legislative alteration can also be referred to as "legislative tampering" or "legislative intervention."
To find the current version of a law, one can refer to the United States Code, which provides the full text of public and private laws. Additionally, public laws are published annually in the United States Statutes at Large at the end of each session of Congress.
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Frequently asked questions
Yes, state laws can be removed or amended.
The state legislature is responsible for passing, amending, or repealing laws. Governors cannot make or repeal laws but can prevent new laws by vetoing them.
The process of removing a state law can vary across different states. Some states require a supermajority vote to repeal or amend a law, while others may impose time restrictions.
Yes, legislative alteration refers to the process of lawmakers repealing or amending citizen-initiated statutes. However, legislatures cannot change initiated constitutional amendments without voter approval.
The President or Congress can influence changes to state laws at the federal level, but they do not have the direct power to amend or repeal them.
