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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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A Primer on Advocating Independent State Constitutional Remedies
State supreme courts shouldn’t reflexively embrace federal approaches to remedying violations of constitutional rights.
A Conversation About the Colorado Constitution: Success Story or Cautionary Tale?
A Colorado Supreme Court Justice, a law professor, and a State Court Report editor discussed how state constitutions impact democracy, abortion rights, and more.
Will the Pennsylvania Supreme Court Recognize a Right to Abortion?
Two justices say there is a constitutional right to abortion, but it’s not clear the full court will consider the question.
The U.S. Supreme Court’s History of Adopting State Supreme Court Guidance
Both historical and recent decisions show the Court’s willingness to apply state supreme courts’ reasoning to interpret the Constitution.
State Constitutional Obligations: Access to Courts, Remedies, and Rights in Civil and Criminal Cases
Transcript of panel from Symposium: The Promise and Limits of State Constitutions
Democracy in State Constitutional Law
Transcript of panel from Symposium: The Promise and Limits of State Constitutions
Interpretive Methods in State Constitutional Law
Transcript of panel from Symposium: The Promise and Limits of State Constitutions
Judicial Federalism and the Status of State Constitutions
Transcript of panel from Symposium: The Promise and Limits of State Constitutions