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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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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.
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
How to bring back the “inviolate” right to a jury trial.
Remote Court Three Years Later
State courts have largely sidestepped state constitutional questions about remote criminal proceedings.
What’s Next in Wisconsin
Republican state legislators threaten to upset long-standing norms of judicial independence.