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
The Neglected State Constitutional Protections Against Extreme Punishments
Two new law review articles explore the origins of antipunishment clauses in Pennsylvania and North Carolina.
Challenging Anti-Trans Legislation Under State Constitutions
Utah Supreme Court to Hear Gerrymandering Challenge
When Do State Courts Depart from Federal Precedents?
How Do State Constitutions Evolve?
Iowa Supreme Court Reverses Itself on Lawsuits for Constitutional Rights Violations
Gender Equality Under State Constitutions
A new Center for Reproductive Rights resource details sex discrimination claims under state constitutions.
Giving Meaning to Georgia’s ‘Social Status’ Clause