Early state constitutions vested all power in legislatures without executive veto or judicial review

Evidence

The four constitutions ratified before the Declaration of Independence shared a common purpose and common features. All replaced royal rule with popular sovereignty and power centered in elected legislatures. Although each provided for a governor (or president) and courts, none of them entrusted either the executive with the sort of veto power formerly held by the king or the courts with judicial review of laws. Governmental balance came from having two legislative houses whose joint approval was needed to pass laws, with the members of both (unlike the British Parliament or most colonial assemblies) chosen directly or indirectly by voters. Checks on legislative power came from frequent elections, with all four constitutions providing for the annual election of members in the lower house. — Edward J. Larson, Declaring Independence, 270

Categorization

• XREF: Directly relevant to the course’s examination of how judicial review and executive power emerged later; early legislatures were supreme, which frames later debates over Marbury v. Madison. — connects to: Early state constitutions favored legislatures because governors embodied British rule — Lawrence M. Friedman, A History of American Law, 668; America’s first state constitutions denied both executive veto and judicial review.; State governments shifted power from legislatures to executives and courts over time — Lawrence M. Friedman, A History of American Law, 668

Broader Connections

• America’s first state constitutions denied both executive veto and judicial review. #corroborates (1.00)
• Early state constitutions favored legislatures because governors embodied British rule #expands (0.95) — Lawrence M. Friedman, A History of American Law, 668
• State governments shifted power from legislatures to executives and courts over time #expands (0.90) — Lawrence M. Friedman, A History of American Law, 668