State Constitutional Law

Catalog description

Since the departure of Chief Justice Warren, the U.S. Supreme Court and other federal courts have taken a less expansive view of the rights granted by the U.S. Constitution. Congress has also taken steps to turn over both funds and authority to states. Both developments have increased the importance of state constitutional law. The course would be taught in three parts: (1) History of state constitutions; their relationship to the U.S. Constitution and the major differences among them; (2) Individual rights; instances in which state constitutional provisions that are facially similar or identical to the Bill of Rights in the U.S. Constitution, have been interpreted by state courts to extend beyond the federal rights, and instances where state constitutions guarantee individual rights that are different from or in addition to those in the U.S. Constitution; and (3) Governmental obligations and authority; Constitutional provisions allocating governmental authority, such as limitations on legislative authority, the authority of the people to act through referendum or initiative and the relative authority of independent constitutional and officers. Credit Hour : 1-3