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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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The U.S. Supreme Court's Declining State Case Docket
So far, only 2 out of 28 cases on the high court’s docket arise from state courts, a surprisingly low number given the regularity with which state courts hear cases implicating federal rights.
A Michigan Prosecutor on the Importance of State Judicial Elections
State courts, including lower courts, decide issues critical to the communities they serve, but judicial races are too frequently overlooked.
When Does the U.S. Supreme Court Review State Court Decisions?
State courts have the final word on state law, but when federal law is involved, it can be complicated.
‘History and Tradition’ in State Courts
Louisiana offers a potent argument that state courts need not march in lockstep with federal courts’ reliance on originalism.
All Law Students Should be Educated About State Constitutions
Law professors planning lessons for the new academic year should consider incorporating state constitutions into the first-year constitutional law course.
California’s Constitution Is For the People
One of the nation’s most influential constitutions, California’s charter protects direct democracy, limits taxation, and secures individual liberty.
The History of Women’s Right to Hold Office
Too often understudied, state constitutions can build our understanding of the scope of women’s advocacy for political and professional equality.
State ERAs Take Center Stage
Nevada became the second state in as many months to issue a major abortion ruling based on the state constitution’s equal rights amendment.