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This chapter describes the connection between state constitutions and the essential aims of regulatory governance in the American states, providing an overview of state constitutionalism and of the elements of state constitutional history as it relates to governmental structure and purpose. The basic theme of the chapter is that to understand the police power requires a fundamental understanding of the objectives of state constitutionalism. At a high level, state constitutions look to distribute effectively political power and balance democracy with the protection of individual rights. Even as fundamentally political documents, they are designed to succeed (although they occasionally fail). Likewise, the powers assigned to institutions of government are intended to facilitate constitutional success.
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