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.
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Scholarship Roundup: New Year Edition
The last few months brought a rich array of articles and books about state constitutions, courts, and governance.
Does the Arizona Constitution Allow Juryless Trial by Bureaucrats?
A case in Arizona calls into question the constitutionality of an administrative hearing in which the owners of a business were found guilty of fraud.
State Constitutions Have a Role to Play in the Housing Crisis
Voters in multiple states approved constitutional amendments last year to address housing affordability and access.
What the SCOTUS Term Means for State Courts
Some of the Court’s most important holdings — including on abortion, gun restrictions, and presidential immunity — have implications for state courts and constitutions.
What We Learned From State Ballot Measures
The results of 2024's state ballot measures reveal mixed voter opinions on abortion, workers’ rights, and direct democracy.
Voters Across the Country Amend Their Constitutions
Through ballot measures, voters expressed policy preferences on issues including abortion, drug legalization, and same-sex marriage.
2024 Ballot Measures to Watch
Voters will decide whether to amend their state constitutions with measures focusing on abortion, election procedures, minimum wage policy, and more.
State Court Oral Arguments to Watch for in November: Criminal Law Edition
Issues on the dockets relate to the many ancillary consequences that can stem from criminal charges.