AALS Open Source Program

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Session Type: AALS Open Source Programs

Session Capacity: N/A

Location: Washington Marriott Wardman Park Hotel

Room: Delaware A

Floor: Lobby Level

State constitutions are often-overlooked sources of protections for rights that the U.S. Constitution does not reach. The U.S. Constitution, in turn, not only frequently influences the manner in which state constitutions are interpreted, but sometimes even constrains the substantive scope of state constitutions' authority or litigants' ability to invoke them. This panel explores the relationship between state and federal constitutional law through the lens of federalism. It delves into the various ways the U.S. Constitution and federalism impact state constitutional interpretation and litigation. Panelists will discuss these issues across a range of legal fields, including privacy, property, and election law. The panel will also contrast the respective roles of federal and state judges in state constitutional interpretation, with special attention to the distinctive institutional constraints in which they operate.