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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 Maryland Constitution: One of the Nation’s Oldest, Was a Model for Other States
The state’s current constitution was adopted during the Reconstruction Era as a reactionary effort to re-establish pre-Civil War government.
State Judges Target the U.S. Supreme Court
A justice in Washington concurred in a recent opinion but dissented “from the racism embedded in the federal case law that applies to this dispute.”
State Legalization of Marijuana Is Changing Search and Seizure Jurisprudence
The smell of marijuana, on its own, is no longer considered to be evidence of criminal activity in many jurisdictions.
The Extra Hurdle in State Courts to Prove a Statute Violates the U.S. Constitution
Many states require a litigant challenging a statute as violating the U.S. Constitution to prove the statute is unconstitutional “beyond a reasonable doubt.”
Pennsylvania’s Radical Constitution: An Experiment in the Making
From an early embrace of popular sovereignty to current voting decisions that make national news, Pennsylvania’s constitution has long reached beyond the state itself.
New York Courts Should Reject Texas’s Attempt to Enforce its Abortion Ban Beyond its Borders
Precedent supports the refusal to enforce out-of-state civil judgments that punish an individual in the name of protecting the public.
The Vermont Constitution: Early Grievances, Notable Early Protections, Still Evolving
The state’s constitution has lasted since 1793, but recent changes rid it of the vestiges of slavery and protect reproductive rights.
Do State Constitutions Demand a Monopoly for Public Schools?
Courts across the country are considering whether school-choice programs violate state constitutions.