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.
Filters
The Stakes in Pennsylvania’s Supreme Court Election
State Courts Have Their Own Shadow Dockets
New Mexico Supreme Court Hints at a Big Constitutional Change
Administrative Deference in Colorado
Victims’ Rights Meet State Constitutions
Scholarship Roundup: Back to School Edition
Addressing Bias Among Judges
Indiana Supreme Court Gives Natural Rights a Boost