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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Montana’s Housing Crisis Fix Survives Constitutional Challenge
Homeowners favoring single-family residences sued to block legislation meant to increase housing supply and bring down home prices.
Earning a Living in Arizona’s History
A recent oral argument portends Arizona may be the latest state to reject lockstepping with the federal rational basis test in economic liberties cases.
The Path Not Taken in Federal Takings Law
Debates from 19th century state conventions explain why some constitutions allow takings for “private use.”
The Tennessee Constitution: “Least Imperfect and Most Republican of the State Constitutions”
The state’s 1870 constitution still governs, though suffrage battles, balance of power shifts, and changing political views have modernized it over time.
2025’s Most Significant State Constitutional Cases
Leading legal thinkers weighed in on the state constitutional rulings our readers should know about from this past year.
"Liberty" is a Big Word, and That’s OK
A recent abortion rights decision in North Dakota demonstrates that the distinction between “fundamental” and “non-fundamental” rights doesn’t always make sense in state constitutional jurisprudence.
State Court Oral Arguments to Watch for in December
Issues on the dockets include taxpayers’ standing to sue, incarcerated people’s rights to acquire property, and claims Instagram’s design is addictive.
IVF Users Face Uncertain Legal Landscape
State courts are grappling with questions like ownership over and rights for embryos.