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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
Finding Public Policy in Constitutional Text
The Colorado Supreme Court’s use of the state constitution to derive public policy in favor of self-defense could have expansive and unforeseen consequences.
A Washington Gun Case May Conflict with a Recent U.S. Supreme Court Ruling
The Washington high court last month upheld a law that temporarily disarms people who repeatedly drink and drive.
What This Year's U.S. Supreme Court Term Means for State Courts
The Court’s decisions on religious liberties, transgender rights, gun restrictions, and more have significant implications for state lawmakers, courts, and constitutions.
The Arkansas Constitution: A Diamond in the Rough?
Its origins are tainted and its performance mixed, but the 1874 document allows Arkansans to intervene in governance.
Hemani Is Not the End of Drug-and-Gun Litigation
The U.S. Supreme Court’s decision that it was unconstitutional to disarm a person based on regular marijuana use contains lessons for state judges, policymakers, and litigants.
Are State Courts More Protective of Transgender People than Federal Courts?
As the U.S. Supreme Court deals another blow to trans rights, a new survey finds that almost 55 percent of related state cases from 2022 to 2024 had a positive impact on trans lives.
When Are Retroactive Laws Constitutional?
The South Carolina Supreme Court’s latest word on retroactive legislation is in keeping with a messy tradition.
The Wisconsin Constitution: Initial Adoption Fights and a Veto Power That’s Still Contested
The charter is a guide for safeguarding the state’s aim of self-determination.