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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All Law Students Should be Educated About State Constitutions
Law professors planning lessons for the new academic year should consider incorporating state constitutions into the first-year constitutional law course.
California’s Constitution Is For the People
One of the nation’s most influential constitutions, California’s charter protects direct democracy, limits taxation, and secures individual liberty.
Multiple High Courts Uphold Voters’ Right to Use Ballot Measures to Change Law
Decisions in California, Michigan, and Utah could serve as models for courts in other states facing power struggles between legislatures and proponents of voter-approved ballot initiatives.
Scholarship Roundup: September 2024 Back to School Edition
New articles and books cover a wide range of topics related to state constitutions, judiciaries, state-level democracy, and more.
What the Framers Really Thought About Life, Liberty, and the Pursuit of Happiness
Debates from state constitutional conventions show delegates expected protections for inalienable rights to have teeth.
Fight Over Employment Status of Uber and Lyft Drivers Moves Through State Courts
Ridehail and delivery drivers are pushing for greater workplace protections in California and Massachusetts.
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.
A Conversation with Justice Clint Bolick of the Arizona Supreme Court
The justice talked about the challenges facing state courts and what makes the state constitution unique.