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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
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.
Wyoming Supreme Court Strikes Down Laws Banning Abortion
The court ruled that laws criminalizing abortion violated the state’s “health care freedom” amendment, passed in 2012 to limit the reach of the Affordable Care Act.
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
Pennsylvania Rejects Federal “Administrative Warrants” and Restores Renters’ Privacy
A state appellate court’s decision underscores the continuing vitality of independent state constitutional law to reject federal doctrine — and to protect personal privacy.
State Court Oral Arguments to Watch for in January
Issues on the dockets include legislative responses to Missouri’s voter-approved reproductive rights amendment, Utah’s execution methods, and Idaho’s school-choice program.