Four fairly well-defined periods can be traced in the development of American State constitutions since the Revolution: (1) From the Revolution to the War of 1812; (2) from the War of 1812 to the Civil War; (3) from the Civil War to the last decade of the 19th century; (4) from about 1890 to the present time. These periods are somewhat overlapping but while not exactly defined will prove con venient for a study of the growth of State ac tivity. The first period may be characterized as that in. which 'the legislature was supreme. The legislature, historically the guardian of popular rights against the British government, continued to be regarded as the best and safest repository of power. The strong colonial ex ecutive was replaced by a governor having very slight administrative duties and even less discre tionary power. He was elected by the legis lature in most of the States, had the veto power only in Massachusetts and was unable to ad journ, prorogue or dissolve the legislature. The constitutions were based upon a belief that the people had nothing to fear from the legislature, but that they should be safeguarded against the executive and judiciary.
The second period experienced most far reaching political and social changes in the United States. Democracy was everywhere tri umphant and American political institutions, in cluding State constitutions, were very thor oughly democratized. The earlier period placed marked limitations upon the privilege of voting, while the second nearly everywhere granted manhood suffrage to whites. State governors and were generally elected and the judicial term was shortened. The governor began to acquire the veto power. The confidence reposed in the legislature had been, in a sense, misplaced. In the early part of the second period there was much reckless management of the finances, money was squandered on the most chimerical schemes for internal improvements, charters were granted for banking institutions that had little or no capital, special legislation of the worst sort was passed, monopolies were created, ap pomtmentscontrolled, unmerited exemption from taxation was voted, and laws were even passed for the purpose of affecting cases pend ing in the law courts. The day of reckoning i came in 1837 and since that time there has been a constant tendency to check and limit the pow ers of the legislature. The revolutionary prac tice of adopting constitutions in State constitu tional conventions, without ratification by popu lar vote, gave place to the direct reference of constitutions and their amendments to the people at the polls. The desire to narrow the field of
legislative competence was further evidenced by the adoption of amendments limiting its author ity over specified fields. Few important changes in the principles of State constitutional law took place before the Civil War. The chief improvements were of an administrative char acter.
The Civil War, which marks the begin ning of the third period, brought about a radi cal readjustment of economic and industrial conditions throughout the United States, and, in addition, effected a complete change in polit ical conditions in the Southern States. The predominant characteristic of this period has been a continued and increasing distrust of the State legislatures, which has resulted in very marked limitations of their powers. These have been effected chiefly in two ways. First, the field of legislative activities has been de creased by prohibiting the passage of certain laws or classes of laws; by direct legislation by means of constitutional amendments in matters formerly controlled by the legislature; and by requiring popular approval, at the polls, of cer tain legislative measures, before they can be enacted as laws. Second, the powers of the governor and judges have largely increased. The governor's term which was, at first, annual in all but three States, has been greatly length ened and is now annual in one only, while over half the States have a four-year term. His power has been further enhanced at the ex pense of the legislature by an almost universal grant of the veto, only one State withholding this power and 34 granting, in addition, the power to veto items of an appropriation bill. The States of Washington, South Carolina and Virginia even allow the executive to veto items of any bill and the governor of Pennsylvania can approve such portion of an item of an ap propriation bill as he sees fit. The executive appointing power has been materially aug mented and the power to pardon and reprieve has been nearly everywhere granted. These changes are indicative of a growth in the con fidence placed by the people in the governor, which is the most important source of his in creased power. This confidence has been en gendered by the fact that responsibility can be fixed upon the single executive, as it cannot be upon the legislature, which is, under our Amer ican system, without responsible leadership. The judicial office, although based in a large majority of cases upon popular election, has had its term materially increased in this period.