State Con Law 101
Ninety-five percent of cases are filed in state court, and state constitutions and other state laws shape many of today’s most important legal issues — voting rights, environmental protection, abortion rights, criminal law, and more. When it comes to protecting rights, state constitutions can, and often do, provide more expansive protections than the U.S. Constitution.
State supreme courts are generally the final word in interpreting state constitutions and other state laws. Not even the U.S. Supreme Court has the power to overrule a state court’s interpretation of its own state’s laws, unless the state court’s ruling is inconsistent with the U.S. Constitution or other federal law. That means that state courts are increasingly hearing cases involving high-profile issues like abortion rights, where the U.S. Supreme Court has ruled that no federal constitutional right exists.
Voters and their representatives also regularly consider changes to state constitutions, including constitutional amendments relating to voting rights, gender equality, the right to a clean environment, and other topics of public concern. State courts are frequently asked to rule whether such measures can appear on the ballot, as well as whether the language being provided to voters is accurate. And if these amendments pass, state courts often hear cases where they are asked to interpret their meaning.
State Court Report provides explainers, analyses of legal trends and theories, and information on key cases related to state constitutions. This page collects resources that provide background on how state courts and constitutions operate, along with explanations of common legal topics. Other resources include our State Case Database, which offers opinions and briefing materials on key cases developing state constitutional law, and a collection of essays on individual state constitutions. You can also subscribe to our bimonthly newsletter to learn more about state constitutional developments. And if there are topics you’d like to see covered in State Court Report, please let us know what you think!
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Law Student Cheat Sheet: Understanding State Courts and Constitutions
We’ve rounded up some of our top explainer essays on how state courts and state constitutions work, protect rights, and influence major U.S. legal issues. Consider it your “State Constitutions 101.”
More State Con Law 101
How Much Do You Know About State Constitutions and Courts?
Learn why state constitutions are so long, which high court is almost completely made up of women, and more.
Everything You Need to Know About Applying For and Clerking on a State High Court
Sitting state supreme court justices from four states opened up about what they look for in applicants, what clerks do day-to-day, and more.
Judicial Ethics and Discipline in the States
Before the U.S. Supreme Court adopted a code of conduct, it was the only court in the country without one.
Constitutional Amendment Processes in the 50 States
States offer multiple paths for amending their constitutions, which are much easier to change than the federal Constitution.
State Constitutional Resources We Love
For those who want to know more about state constitutions, a compilation of tools including case databases, interactive maps, and more.
When Does the U.S. Supreme Court Review State Court Decisions?
State courts have the final word on state law, but when federal law is involved, it can be complicated.
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in whether government restrictions are upheld.
State Constitutional Conventions, Explained
The last state to hold a constitutional convention was Rhode Island in 1986.