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How judges are selected and how the judiciary operates can impact the role and effectiveness of state courts. Processes for judicial selection may vary depending on both the level of court (trial...

In considering state constitutional questions, judges may apply an array of methodologies, including originalism and other uses of history, textualism, purposivism, comparativism (including...

State constitutions generally protect both procedural and substantive due process rights. Many state constitutions also include rights to access the courts. State courts review a...

State courts routinely hear tort claims, including product liability, medical malpractice, and personal injury. Many states have passed tort reform legislation that cap damages, alter statutes of...

Every state constitution includes language mandating the establishment of a public education system. At least 15 state constitutions and multiple state statutes hold that public education is...

State constitutions include provisions protecting economic liberty, or the right to engage in work without undue interference; property rights, including protections against takings; and...

Criminal justice is administered primarily at the state and county level. The vast majority of incarcerated people in the United States are in county and state custody....

Beginning in the 1970s, several states added environmental rights amendments, also known as “Green Amendments,” to their constitutions. The wording of the amendments can be as broad as...

State constitutions vary in how they structure state governments and distribute power among the branches of government and between the state and localities. State governments include statewide...

State constitutions guarantee equality, freedom from discrimination, fair treatment under the law, and a broad range of other civil rights. Issues that regularly crop...