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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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‘History and Tradition’ in State Courts
Louisiana offers a potent argument that state courts need not march in lockstep with federal courts’ reliance on originalism.
All Law Students Should be Educated About State Constitutions
Law professors planning lessons for the new academic year should consider incorporating state constitutions into the first-year constitutional law course.
California’s Constitution Is For the People
One of the nation’s most influential constitutions, California’s charter protects direct democracy, limits taxation, and secures individual liberty.
The History of Women’s Right to Hold Office
Too often understudied, state constitutions can build our understanding of the scope of women’s advocacy for political and professional equality.
State ERAs Take Center Stage
Nevada became the second state in as many months to issue a major abortion ruling based on the state constitution’s equal rights amendment.
State Court Oral Arguments to Watch for in September
Issues on the dockets include climate change, redistricting, and lawsuits by victims of child sexual abuse.
Scholarship Roundup: September 2024 Back to School Edition
New articles and books cover a wide range of topics related to state constitutions, judiciaries, state-level democracy, and more.
Where Abortion Rights Will Be on the Ballot in 2024
Ten states will have abortion-related measures on the November ballot; most would amend their state constitutions to either affirm or expand protection for abortion care.