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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Scholarship Roundup: Giving State Law Its Due
Judicial Whiplash in North Carolina Redistricting Case
The Racist History of State Constitutions Taking Voting Rights from People Convicted of Crimes
Alaska Supreme Court Strikes Down Gerrymandered Districts
State Court Takeaways from Dobbs
State courts should reassert their role as primary guarantors of liberty.
The Promise of State Constitutions in Restoring Jury Trials
Remote Court Three Years Later
What’s Next in Wisconsin