State Constitutions

Critical Analysis

1. After the Dobbs v. Jackson ruling overturned Roe v. Wade’s national protection of abortion rights, it did not ban abortion, instead it sent the fight over abortion to the state level. After the Dobbs ruling, when abortion-rights were on direct ballot measures (voted on directly by the people of the state) the pro-choice side won in nearly every 2022 election where abortion rights were at stake. When Explain how this illustrates the concept of federalism.

2. Some states allow ballot measures - direct votes by the people to make state laws or amend the state constitution. Based on the data from the map above, how many states have an abortion ban that can’t be overturned by a ballot measure?

3. Based on the map above, describe the ability to make policy by ballot measure in your state.

4. Given the level of public opinion on abortion (see visual below*) why do you think direct ballot measures supporting abortion rights were victorious in almost every state?

5. If you were a pro-choice advocate, in which states would you push for a ballot-measure about abortion rights?

6. Explain how the fight over abortion rights at both the state and national level illustrates the concept of checks and balances.

7. In general, do you think states should allow their citizens to make legislation directly through ballot measures?

8. Like the U.S. Constitution, state Constitutions guarantee certain rights for that their citizens. Explain what happens if a state constitution and the national constitution are at odds?

9. There is a old saying that federalism allows people to vote with their feet. What do you think this means and how often do you think people actually vote with their feet by moving to other states based on abortion rights/restrictions?

10. Describe one way the federal government could overrule state laws and constitutions regarding abortion rights.

Learning Extension

Read more about the state ballot measure fight over abortion.

Action Extension

Contact your governor and advise them what they should do about abortion given the ballot measures provisions in your state.

Visual Extension*