Kevin Frazier is an assistant professor of law at the Benjamin L. Crump College of Law at St. Thomas University and a senior research fellow in the Constitutional Studies Program at the University of Texas at Austin.
When state supreme courts peg their constitutions to federal interpretations, they erode the rule of law, undermine federalism, and limit rights protection.
Thirty-five state constitutions contain provisions that allow lawmakers to take extraordinary action in emergencies, but the full extent of these powers hasn’t been tested.
A recent Montana state court decision reveals the interpretative clarity afforded by state constitutions that undergo regular and transparent revision.
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A Rallying Cry Against Lockstepping
When state supreme courts peg their constitutions to federal interpretations, they erode the rule of law, undermine federalism, and limit rights protection.
State Constitutional Conventions, Explained
The last state to hold a conventional convention was in Rhode Island in 1986.
To Prepare for Emergency, States Must Resolve Constitutional Ambiguities
Thirty-five state constitutions contain provisions that allow lawmakers to take extraordinary action in emergencies, but the full extent of these powers hasn’t been tested.
North Dakota Budget Bill Struck Down as Violation of ‘Single Subject’ Constitutional Rule
The state supreme court relied on a seldom-used state constitutional provision to upend a long-standing state legislative practice.
In Montana’s Right to Participation, the Seeds of a Better Democracy
An underappreciated constitutional provision may call for more public involvement in government decisions.
Modernizing State Constitutions Helps Judges Do Their Jobs
A recent Montana state court decision reveals the interpretative clarity afforded by state constitutions that undergo regular and transparent revision.
How Much Is Too Much in a Bill or Amendment?
A recent New Mexico Supreme Court opinion highlights how single-subject rule decisions in many states give legislators and courts little guidance.