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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.
Filters
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
The Diversity of Rights in State Constitutions
Transcript of panel from Symposium: The Power of State Constitutional Rights
Florida Supreme Court Refuses to End Non-Unanimous Death Verdicts
The state executed nearly four times as many people as any other state in 2025.
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.
A Conversation with Chief Judge Jeffrey S Sutton Court of Appeals for the Sixth Circuit
Transcript of panel from Symposium: The Power of State Constitutional Rights