Discussions of state constitutional law too often focus on the relationship between the United
States Supreme Court and its state counterparts. The arguments center on the question of …

These introductory observations focus on a theme common and crucial to many of the
papers in this symposium. I have in mind the inevitable question: to what extent, if any …

In the American constitutional tradition, federalism is commonly understood as a mechanism
designed to institutionalize a kind of permanent struggle between state and national power …

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

Justice Robert F. Utter of the Washington Supreme Court analyzes the nature of judicial
review by state courts interpreting state constitutions. The Article emphasizes the democratic …

HONORABLE CHARLES G. DOUGLAS, Ш*" The Burger Court makes life difficult for state
judges because it challenges them to make federalism more than a cliche for judicial …

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 …

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 …

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 …

The decision in Bush v. Gore and particularly Chief Justice Rehnquist's concurring opinion
were widely criticized for their unwarranted intrusion upon the" authoritative" status of the …