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Civil Rights
State constitutions guarantee equality, freedom from discrimination, fair treatment under the law, and a broad range of other civil rights. Issues that regularly crop up in state court include discrimination on the basis of race, ethnicity, national origin, sex, sexual orientation or identity, age, or disability, abuses of power by government actors, as well as the availability of monetary damages for such state constitutional violations.
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Book Excerpt: Impermissible Punishments: How Prison Became a Problem for Democracy
The U.S. prison system violates democratic social orders aiming to lessen racist and class hierarchies. Its development was not inevitable.
The Vermont Constitution: Early Grievances, Notable Early Protections, Still Evolving
The state’s constitution has lasted since 1793, but recent changes rid it of the vestiges of slavery and protect reproductive rights.
Book Excerpt: Sedition: How America's Constitutional Order Emerged from Violent Crisis
Throughout history, state constitutional drafting has involved failure and violent crisis and has sometimes torn us apart rather than brought us together.
How Will Federal Funding Cuts Impact State Budgets?
Fiscal provisions found in every state constitution constrain states’ ability to work around budget shortfalls.
The Arizona Constitution: Deeply Skeptical of Power
Arizona’s governing document is easy to amend. While Arizonans have approved changes on issues like abortion and immigration, they use the right relatively sparingly.
Mount Laurel at 50: New Jersey’s Blueprint for Dismantling Residential Segregation
Fifty years ago, the New Jersey Supreme Court created a groundbreaking affordable housing framework. A new law gives it real teeth.
It’s Time to Revitalize California’s Constitutional Right to Privacy
Recently filed cases challenging AI surveillance provide an opportunity for California courts to properly apply the state’s privacy right.
The New Jersey Constitution: A Tool of Good Governance, Not Partisan Politics
A 1947 constitution offered a needed update for a state saddled with a weak executive and a court system “out of Dickens.”