State constitutionalism-the practice of state courts deciding cases on independent state
constitutional grounds-is a vital yet underdeveloped attribute of American federalism. Our …

T he legitimacy of state constitutionalism seems all but taken for granted. After three decades
of experimentation and debate, state courts have come routinely to give independent …

In recent years, state courts have begun to assert themselves as the final arbiters of their
own state constitutions in the area of individual rights. I Described as" the new federalism" 2 …

I. INTRODUCTION In 1977, former Justice Brennan presented his famous speech, State
Constitutions and the Protection of Individual Rights, 1 urging state judges to look to the …

I have been asked to offer my thoughts about state constitutional interpretation. That is a
generous invitation;" state constitutional interpretation" covers a lot of ground. To avoid my …

That it is the responsibility of the judiciary to act as the final arbiter in deciphering the
meaning and ambit of the federal Constitution was settled in Marbury v. Madison. 2 Similarly …

The promise of" the New Judicial Federalism"-of the independent interpretation by state
courts of state constitutional corollaries to the federal Bill of Rights-has gone largely …

Failed Discourse of State Constitutionalism" Professor James A. Gardner examines the
responses to Justice Brennan's invitation to state high courts" to seize control of the …

S TATE courts' increased attention to state constitutions, a development labeled the" new
judicial federalism," represents one aspect of a broader interest in states and state legal …

Supreme Court. The other answer is that both of them took State Constitutional Law
seriously. In his last majority opinion for the US Supreme Court, Kansas v. Carr, Justice …