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The Right to Petition in State Constitutions, Explained
Some states protect citizens’ right to make requests of or complaints against the government more broadly than the federal Constitution.
Thom v. Barnett (In re Election Contest Dakota Constitution to Legalize)
In challenge to initiated constitutional amendment to legalize marijuana, ruled proposed amendment violated constitution’s single subject and separate vote requirements
In re Goldston
Ruled family court judge’s presence at party’s home to look for marital property was an improper search under prohibition against judicial officers exercising the executive search power
State ex rel. Suwalski v. Peeler
Ruled that application for relief from federal firearms disability after conviction for domestic violence implicated crime victim’s rights under the constitution
State v. Peterson
Dissent wrote that statute criminalizing sale of heroin violated equal protection clause because the same conduct is criminalized under another controlled substance statute which carries a different penalty
Nestor M. Davidson
Nestor M. Davidson is the Albert A. Walsh Professor of Real Estate, Land Use, and Property Law, Fordham Law School.
Will Courts Continue to Favor State Control Over Home Rule?
Constitutional amendments giving cities greater authority over local policy have repeatedly met resistance by state courts over the last century.
State v. Brown
Ruled statute authorizing judge, not jury, to make criminal history findings for sentencing did not violate right to a jury trial; statute allowing judge to set restitution implicated the right but was severable
State v. Arnett
Ruled that the criminal restitution scheme violates the right to a jury trial under the state constitution
State v. Jordan
Dissent wrote that warrantless arrest of defendant when police had ample time to secure a warrant violated constitution’s protection against unreasonable search and seizure
