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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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Abortion and Original Jurisdiction
State supreme courts’ authority to bypass lower courts makes them key players in the fight over reproductive rights.
Modernizing State Constitutions Helps Judges Do Their Jobs
A recent Montana state court decision reveals the interpretative clarity afforded by state constitutions that undergo regular and transparent revision.
Territorial Courts, Constitutions, and Organic Acts, Explained
There are five inhabited U.S. territories, each with its own court system and governing documents.
Protecting Against Extreme Punishments
The Supreme Court’s Eighth Amendment jurisprudence has come to obscure what started as robust state constitutional protections.
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
Though advocates have found early success in federal courts, they may find even more effective ways to protect LGBTQ+ rights through state courts.
Utah Supreme Court to Hear Gerrymandering Challenge
State courts in Utah are the latest to consider whether partisan gerrymandering gives rise to an actionable claim under state law.
When Do State Courts Depart from Federal Precedents?
State courts have varying and sometimes unclear rules for interpreting their constitutions independently.