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Judicial Interpretation
In considering state constitutional questions, judges may apply an array of methodologies, including originalism and other uses of history, textualism, purposivism, comparativism (including studying other state courts), and common law or precedent.
State constitutions also raise unique interpretation questions. For example, one common issue is whether a state constitutional provision should be interpreted in “lockstep” with the federal constitution.
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California’s Racial Justice Act Goes to Court
The California Supreme Court overturned a death sentence but diluted the law’s protections, two justices said.
The Many Versions of State Constitutional Lockstepping
The practice of interpreting state constitutions identically to their federal counterpart is often criticized in blanket terms. But the ways state courts lockstep vary widely.
Florida Judge Refuses to Temporarily Block New State Congressional Map
Voting rights groups claim the new map, expected to result in four additional Republican seats, violates the Florida Constitution’s ban on partisan gerrymandering.
How State Courts Can Help Deflect the Supreme Court’s Latest Blow to Multiracial Democracy
State courts need not import a federal doctrine directing judges to avoid issuing rulings that could change election rules in the runup to an election.
The Maine Constitution: Like the State’s Population, Stubbornly Itself
The pragmatic 1820 document is one of the oldest still in use.
Texas Parental Rights Amendment Threatens to Invalidate Child Abuse Laws
During oral arguments in a child abuse case, some Texas Supreme Court justices seemed open to the possibility that the amendment protected parental violence against children.
Ohio Municipalities Win Expanded Procedural Rights in Firearms Case
The state supreme court held that cities may immediately appeal orders enjoining their ordinances.
“State Capture” and the Role of State Courts
State constitutions offer powerful tools for combatting control of state and local institutions by private interests.