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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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Case Trends: State Courts Continue to Grapple with Covid-19 Policies
Courts are still weighing the constitutionality of state responses to the pandemic more than five years after its start.
The Arizona Constitution: Deeply Skeptical of Power
Arizona’s governing document is easy to amend. While Arizonans have approved changes on issues like abortion and immigration, they use the right relatively sparingly.
The Education Wars Return to Ohio
A trial court found that Ohio’s voucher program violated the state constitutional educational guarantees and prohibitions on state funding of religious schools.
Mount Laurel at 50: New Jersey’s Blueprint for Dismantling Residential Segregation
Fifty years ago, the New Jersey Supreme Court created a groundbreaking affordable housing framework. A new law gives it real teeth.
How Much Do You Know About State Constitutions and Courts?
Learn why state constitutions are so long, which high court is almost completely made up of women, and more.
Law Student Cheat Sheet: Understanding State Courts and Constitutions
As the school year kicks off, we’ve rounded up some of our top explainer essays on how state courts and state constitutions work, protect rights, and influence major U.S. legal issues. Consider it your “State Constitutions 101.”
Back-to-School Scholarship Roundup: State Courts, Constitutional Law, and Federalism
Recent books and law review articles discuss voter disenfranchisement, separation of church and state, and much more.
Tribal Courts and Constitutions of American Indian Tribes
Tribal courts and constitutions shape governance for American Indian tribes, balancing sovereignty with federal law in their unique legal systems.