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: That’s a Wrap on 2023
2023’s Most Significant State Constitutional Cases
Over a dozen academics, practitioners, and thought leaders weigh in on the most notable state constitutional cases of the year.
Virginia Supreme Court Announces Expansive Interpretation of Religious Liberties Protection
Judicial Ethics and Discipline in the States
Before the U.S. Supreme Court adopted of a code of conduct last month, it was the only court in the country without one.
Efforts to Keep Trump Off 2024 Ballot Move Through State Courts
Courts are considering claims that Trump engaged in an insurrection and is disqualified from running for president under Section 3 of the 14th Amendment.
The Major Questions Doctrine in the States
Judicial Advisory Opinions Explained
State and federal courts differ not just in the substantive rights they recognize but also in how they define judicial power.
Pennsylvania Supreme Court Election Could Shape Direction of State Law
The candidates for an open seat on Pennsylvania’s supreme court have very different approaches to legal interpretation.