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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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How Do State Constitutions Evolve?
The Washington Supreme Court’s changing interpretation of its state “Privileges or Immunities” Clause shows how state courts can diverge from federal precedent over time.
Iowa Supreme Court Reverses Itself on Lawsuits for Constitutional Rights Violations
Overturning a recent precedent, the court ruled that Iowans have no right to sue for money damages when government officials violate their rights.
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
A recent case considered a unique and underappreciated state constitutional provision.
Scholarship Roundup: Giving State Law Its Due
State institutions have a major impact on people’s everyday lives — often more than their federal counterparts.
Judicial Whiplash in North Carolina Redistricting Case
The new court majority reversed itself and found the state constitution powerless to confront partisan gerrymandering.
The Racist History of State Constitutions Taking Voting Rights from People Convicted of Crimes
Two court decisions raise questions about whether modifying discriminatory provisions can wash away their dubious histories.
Alaska Supreme Court Strikes Down Gerrymandered Districts
A landmark decision firmly establishes that partisan gerrymandering violates the Alaska Constitution.