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What the Framers Really Thought About Life, Liberty, and the Pursuit of Happiness
Debates from state constitutional conventions show delegates expected protections for inalienable rights to have teeth.
Florida Supreme Court Allows DeSantis to Undermine Prosecutorial Independence
Lawmakers and other officials in multiple states seek to limit the power of or remove elected prosecutors whose policy choices they disagree with.
States in ‘Lockstep’ with the Fourth Amendment May Not Be Locked
Some states have handcuffed their citizens’ constitutional search and seizure protections to the federal standard — but they still hold the keys to going their own way.
Who Can Challenge State Abortion Bans? It’s Not So Clear Cut.
Since the U.S. Supreme Court prevented abortion providers from challenging restrictions on abortions, several states have indicated they’ll adopt the same stance on standing.
The State Constitutional Rights to Bear Arms After Rahimi
The U.S. Supreme Court’s holding that the disarmament of a domestic abuser was not unconstitutional could incentivize gun-rights advocates to bring their claims in state court.
Why Are State Constitutional Challenges to Inhumane Prison Conditions So Rare?
Weak federal protections present an opportunity for state supreme courts to apply their states’ bans on cruel punishment to prison conditions.
The Wisconsin Governor's Creative Use of Line-Item Veto Extended School Funding by 400 Years
The governor deleted words, numbers, and punctuation from a bill to change its meaning.
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.
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.
Kansas Supreme Court Reaffirms State Constitutional Right to Abortion
The court declined to overturn its recent holding that abortion is protected by the state constitution’s right to personal autonomy.
