A Most Interesting Time for State Constitutional Law.

  • Published In: Judges' Journal, 2025, v. 64, n. 2. P. 16 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Kafker, Justice Scott L. 3 of 3

Abstract

The article discusses the current state of state constitutional law in the United States, highlighting the shift towards state courts interpreting state constitutions independently from federal constitutional law. This trend is driven by changes in the U.S. Supreme Court's composition and decisions, leading advocates to focus on state constitutional protections. The article emphasizes the importance of state courts providing a double protection of constitutional rights and engaging in sophisticated state constitutional analysis. It also provides examples from Massachusetts to illustrate how state courts are interpreting state constitutions differently from federal law, particularly in areas such as civil rights, criminal defendant rights, and cruel or unusual punishment. [Extracted from the article]

Additional Information

  • Source:Judges' Journal. 2025/04, Vol. 64, Issue 2, p16
  • Document Type:Article
  • Subject Area:History
  • Publication Date:2025
  • ISSN:0047-2972
  • Accession Number:185009845
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