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The History of Dueling and State Constitutions
State constitutions helped end dueling — a deadly way men proved their “honor” — in a way state laws could not.
Owens v. Stirling
Held that execution by electrocution and firing squad are not “cruel or unusual” punishments under the state constitution
Tricoast Builders, Inc. v. Fonnegra
Ruled that the plaintiff was required to establish prejudice in order to prevail on appeal on their claim regarding the trial court's alleged error in declining to conduct a jury trial
Minnesota v. Malecha
Held that, under the state constitution, prosecutors could not rely on evidence collected after police officers arrested a person based on a warrant they didn’t know had been quashed.
North Carolina’s Constitution of Contrasts
The state’s 55-year-old constitution offers progressive protections like a right to education while retaining elements of state-sponsored efforts to prevent Black progress in the post-Reconstruction era.
Smith v. Iowa District Court for Polk County
Held that the Iowa Constitution contains a legislative privilege that protects legislators from compelled document production
Commonwealth v. Shepherd
Held that the state's right to equal protection did not require the retroactive application of a new rule requiring proof of actual malice for felony murder
Six Brothers, Inc. v. Town of Brookline
Upheld local law that would gradually make it illegal to sell tobacco products within town limits; held regulation is not preempted by state tobacco regulations and does not violate equal protection
Planned Parenthood of the Heartland, Inc. v. Hilgers
Held that a bill containing restrictions on abortion and gender-affirming for minors care did not violate the state constitution's prohibition on bills that contain more than one subject because both issues relate to regulating healthcare.
Castellanos v. State of California et al.
Upheld a ballot measure approved by voters in 2022 that classifies app-based drivers as independent contractors. Plaintiffs claimed the measure infringed on the state legislature's constitutional authority to create a workers' compensation system.
