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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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Territorial Courts, Constitutions, and Organic Acts, Explained
There are five inhabited U.S. territories, each with its own court system and governing documents.
State Court Oral Arguments to Watch for in January
Issues on the dockets include large-capacity magazines, conversion therapy, and “regulation without representation.”
A Constitution Unique to Montana and Uniquely Montanan
The state’s 1972 charter is populist, pro-conservation, and libertarian.
2024’s Most Significant State Constitutional Cases
Legal experts identified the most important cases that advanced state constitutional rights this year.
State Courts Can Provide Much-Needed Protection From Voter Deception
This past election, some state courts stepped in to protect the citizen initiative process from state-sponsored deception, while others refused. Their decisions influenced election outcomes.
SCOTUS’s Declining State Criminal Appeals
The disappearance of state criminal appeals from the high court’s docket is profoundly problematic for the rights of criminal defendants and civil rights plaintiffs.
We Need to Know More About State Supreme Court Cases
State high courts interpret laws that impact some of the most intimate parts of our lives. Communities have a right to know what’s on the docket.
The Curious Case of Oklahoma Search and Seizure
Because Oklahoma has two constitutional masters, it simultaneously has two different doctrines of search and seizure.