Constitutional Law,
Appellate Practice
Mar. 30, 2020
State constitutions as independent sources of law
When we call something unconstitutional, it often goes without saying what constitution we’re talking about — the federal one. But you should take both shots.
Susan Yorke
Of Counsel
California Appellate Law Group LLP
Susan served as a law clerk on the 9th Circuit for two judges and in the Appellate Division of the Oregon Department of Justice. Find out more about Susan and the California Appellate Law Group LLP at www.calapplaw.com. Appellate Zealots is a monthly column on recent appellate decisions written by the attorneys of the California Appellate Law Group LLP.
When we call something unconstitutional, it often goes without saying what constitution we're talking about -- the federal one. Law school constitutional law courses focus on the U.S. Constitution, we look to the Supreme Court for guidance on the meaning of constitutional provisions, and we use federalized shorthand to signify general concepts (referring to "First Amendment" issues when we're talking about free speech, etc.). But if you're a la...
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