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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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The Tenacious Power of Constitutional Torts
Despite hurdles, civil rights litigation is a critical tool for people who have been harmed by the government and for those seeking long-lasting change.
How Far Does the Kansas Constitution Go in Protecting Bodily Autonomy and Dignity?
Two recent transgender rights cases may help answer this question.
Pennsylvania Faces a Moment of Truth for Life Without Parole
The Pennsylvania Supreme Court is considering whether requiring life in prison without the possibility of parole for so-called felony murder is unconstitutional.
Arrest of Black Pastor for Refusing to Show ID Reaches Alabama Supreme Court
A federal trial court asked the state high court to weigh in on whether police violated the law when they arrested a man who was watering his neighbors’ garden.
The New Mexico Constitution: Heavily Influenced By Its Land, Culture, and Peoples
The rights of Spanish speakers, including public school students, are uniquely protected.
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.
Texas Parental Rights Amendment Threatens to Invalidate Child Abuse Laws
During oral arguments in a child abuse case, some Texas Supreme Court justices seemed open to the possibility that the amendment protected parental violence against children.
State Constitutions Could Bar State and Local Police Collaboration with ICE
Case law in multiple states suggests state and local officials who cooperate in federal abuses might run afoul of their own state constitutions.