State Constitutional Law

Although state constitutional law has traditionally taken a back seat to the US Constitution at law schools, the subject is increasingly in the spotlight. As the US Supreme Court becomes less willing to protect rights such as abortion, or even the processes of democracy, lawyers must turn to the protections offered by state constitutions more often. State constitutional provisions also differ from the US Constitution in significant ways by not only protecting a plethora of different individual rights, but also defining communal welfare, and highlighting the conditions necessary to maintain a democracy. This course will explore the nature and significance of state constitutional law, including rights and government structures defined by the state constitutions. This course will cover how state institutions, such as legislatures and courts, protect and define legal rights and obligations in several areas, including: separation of powers, local government powers, school funding, taxation, criminal procedure, and freedom of speech. The course will also compare how state courts interpret their constitutions to federal court interpretation of the US Constitution. A student completing the course will understand and appreciate the role of state constitutions and if the states are, in Justice Brandeis’ words, “laboratories of democracy,” how state constitutions create and govern those laboratories. Assessment will take place in class when discussing readings and assigned exercises; through the written assignments, which include a legal blog article and an essay between 3,000-4,000 words; and a final exam. UPPER-CLASS WRITING REQUIREMENT: The written assignments may be used to partially satisfy the requirement.