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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State Judges Must Guard Their Independence
Welcome to State Court Report
State Constitutional Law After Dobbs and Bruen
Supreme Court rulings can expand or contract the space for state constitutional law.
Abortion and Original Jurisdiction
Modernizing State Constitutions Helps Judges Do Their Jobs
Territorial Courts, Constitutions, and Organic Acts, Explained
There are five inhabited U.S. territories, each with its own court system and governing documents.
Protecting Against Extreme Punishments
The Neglected State Constitutional Protections Against Extreme Punishments
Two new law review articles explore the origins of antipunishment clauses in Pennsylvania and North Carolina.