Image
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.
Filters
Ohio Municipalities Win Expanded Procedural Rights in Firearms Case
The state supreme court held that cities may immediately appeal orders enjoining their ordinances.
“State Capture” and the Role of State Courts
State constitutions offer powerful tools for combatting control of state and local institutions by private interests.
The South Dakota Constitution: “Under God the People Rule” — But All the People?
A long history of Indigenous exclusion has undermined the state’s democratic ideals.
The Supervisory Power of State Supreme Courts, Explained
High courts’ authority to make rules on topics both mundane and profound can have substantial implications for civil rights and liberties.
Florida Judge Refuses to Temporarily Block New State Congressional Map
Voting rights groups claim the new map, expected to result in four additional Republican seats, violates the Florida Constitution’s ban on partisan gerrymandering.
Perhaps Unexpectedly, State Constitutions Sometimes Offer Narrower Rights than the U.S. Constitution
The Ohio Supreme Court recently held that the state right to counsel is not as robust as its federal counterpart.
Why Territorial Courts Matter to American Law
The courts of five inhabited U.S. territories regularly confront constitutional questions in ways that are uniquely territorial while deeply connected to broader American constitutional debates.
How Far Does the Kansas Constitution Go in Protecting Bodily Autonomy and Dignity?
Two recent transgender rights cases may help answer this question.