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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 South Dakota Constitution: “Under God the People Rule” — But All the People?
A long history of Indigenous exclusion has undermined the state’s democratic ideals.
The Supervisory Power of State Supreme Courts, Explained
High courts’ authority to make rules on topics both mundane and profound can have substantial implications for civil rights and liberties.
Perhaps Unexpectedly, State Constitutions Sometimes Offer Narrower Rights than the U.S. Constitution
The Ohio Supreme Court recently held that the state right to counsel is not as robust as its federal counterpart.
Why Territorial Courts Matter to American Law
The courts of five inhabited U.S. territories regularly confront constitutional questions in ways that are uniquely territorial while deeply connected to broader American constitutional debates.
How Far Does the Kansas Constitution Go in Protecting Bodily Autonomy and Dignity?
Two recent transgender rights cases may help answer this question.
Territorial Courts, Constitutions, and Organic Acts, Explained
There are five inhabited U.S. territories, each with its own court system and governing documents.
Virginia’s Redistricting Effort and the Laborious Process to Amend its Constitution
The Virginia Supreme Court ruled that the legislature did not follow the proper process in its attempt to amend the state constitution to allow it to redraw the state’s congressional districts.
A Conversation with Professor Robert Williams About the Abortion Case He Lost Four Decades Ago
The Pennsylvania Supreme Court case, which was overturned in 2024, unanimously upheld the state’s ban on funding abortion through state Medicaid.