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.
Only one state has interpreted its contract clause differently than the federal counterpart — representing a failure on the part of advocates and judges who believe in state constitutional independence.
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Voters Amend State Constitutions Around the Country
Ohio enshrined a right to abortion in the state constitution.
The Federalization Dimension in Takings
The U.S. Supreme Court does not always lead and state courts do not always follow.
Georgia Breaks with Federal Courts on Economic Liberty
The high court struck down an occupational licensing law under the state Due Process Clause.
Supreme Court Strengthens Federal Protections for Property Rights
Tyler v. Hennepin County shows why a federal floor for constitutional property rights is vital.
Ohio Supreme Court Rejects Judicial Deference to State Agencies
Ohio is the latest state to conclude that state courts need not defer to state agency interpretations of state law.
Get to Know Your State's 'Baby Ninth Amendment'
State constitutions offer protections for unenumerated rights, but courts rarely act on those provisions.
Voters Amend State Constitutions to Enshrine New Rights
From abortion to voting rights, amendments creating new state constitutional rights were approved at the ballot box.