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Judicial Interpretation
In considering state constitutional questions, judges may apply an array of methodologies, including originalism and other uses of history, textualism, purposivism, comparativism (including studying other state courts), and common law or precedent.
State constitutions also raise unique interpretation questions. For example, one common issue is whether a state constitutional provision should be interpreted in “lockstep” with the federal constitution.
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A Conversation with Rhode Island Supreme Court Justice Melissa Long
Long discusses how state courts can engage with the public, shore up trust in democratic institutions, and search for innovative solutions.
The Next Wave of Legislative Assaults on State Courts
Utah’s rush to add seats to its supreme court signals a major escalation in legislative tactics to curb judicial independence.
A Conversation with Wisconsin Supreme Court Justice Rebecca Frank Dallet
Dallet discussed equal access to justice, challenges to the rule of law, and her commitment to getting the law right.
Case Trends: State Courts Grapple with Gun Rights
Multiple courts last year upheld state laws that restricted the right to bear arms. Courts also struggled to interpret related U.S. Supreme Court decisions.
The Path Not Taken in Federal Takings Law
Debates from 19th century state conventions explain why some constitutions allow takings for “private use.”
New Year Scholarship Roundup: Federal-State Conflict, State Courts, and Election Administration
Several new articles explore state power in times of federal-state and interstate conflict.
Michigan High Court Could Break New Ground in Limiting Excessive Sentences
Michigan could be the first state to rule that life-without-parole sentences for people convicted of “felony murder” are unconstitutional.
State Constitutional Amendments and State Conventions
Transcript of panel from Symposium: The Power of State Constitutional Rights