Economic and Labor Rights
State constitutions include provisions protecting economic liberty, or the right to engage in work without undue interference; property rights, including protections against takings; and provisions that protect workers’ rights. Florida’s constitution, for example, protects the right “to be rewarded for industry,” and Montana protects the right to pursue “life’s basic necessities.” Illinois’s constitution protects workers’ right to organize and bargain collectively. Washington’s privileges and immunities clause has been used to strike down a law excluding dairy workers from overtime pay.
State supreme courts hear challenges related to business regulations and occupational licensing requirements, dangerous work environments, inadequate wages and hour requirements, collective bargaining rights, public employee benefits, and other issues.
Filters
Takings Clause Victory Would Not Fix Michigan’s Tax Foreclosure System
Cases challenging the constitutionality of government profits from foreclosure sales distort real sources of injustice.
What’s Next for Marijuana Legalization in Florida
Even if Florida voters pass an initiative allowing recreational marijuana, lawmakers may try to limit the right.
All Law Students Should be Educated About State Constitutions
Fortunately, there is a resource that makes it easy to incorporate state constitutions into the first-year constitutional law course.
Are Forced Condo Sales “Takings” Under the Arizona Constitution?
The state high court is set to rule in a dispute between homeowners and an investment firm.
Hawaii’s Midwives Challenge Law Criminalizing Traditional Birthing Practices
Many Native Hawaiians rely on lay midwives to provide culturally sensitive reproductive health care.
Missed Opportunities in State Takings Challenges to Pandemic-Era Restrictions
Recent decisions have left Washington State’s protections against the taking of private property below the federal floor. Now Michigan has a chance to do better.
2023’s Most Significant State Constitutional Cases
Over a dozen academics, practitioners, and thought leaders weigh in on the most notable state constitutional cases of the year.
State Courts Should Reject Federal Precedent When Interpreting State Contract Clauses