LAW 5159: State Constitutional Law - 2234

This course explores the nature and significance of state constitutional law. We begin with a brief examination of the nature of our States and the historical role of their constitutions. Then we will consider the rights protected by the state constitutions and compare them to those protected by the federal constitution. This gives us the occasion to take up the most active debate in state constitutional law over the last several decades: the responsibilities of state courts when interpreting state constitutional provisions that live in the shadow of their counterparts in the federal Constitution, especially the weight to be given to the U.S. Supreme Court’s interpretations of the federal provisions. Next we compare the constitutional structures of the state governments, both to one another and to the federal government. We finish up by covering issues of popular control over state governments, including the means of amending state constitutions and the methods for selecting state judges. While the course will provide a sampling of state constitutions nationwide, special attention will be paid to the Constitution of Pennsylvania.