PSCI 17
State Constitutions, State Courts, and Individual Rights Winter 2022

Cross-listed PSCI 17 / JLST 17
This is not the current course catalog

Most people are familiar with the idea that the federal constitution, as interpreted by the U.S. Supreme Court, can serve as an important (albeit controversial) tool for protecting individual rights. Cases involving rights to same-sex marriage, abortion, and gun ownership are just a few recent examples of the U.S. Supreme Court and the federal constitution taking center stage in battles over individual rights. But there is another, equally important, source of individual rights that is sometimes overlooked and understudied: state constitutions. Each state has its own constitution, which may contain different rights and protections from those in the federal constitution. In this class, we’ll take a look at the role of state constitutions and courts in protecting individual rights and influencing federal constitutional interpretation. From assessing the constitutionality of compelled sterilization to protecting citizens from unreasonable searches and seizures, we’ll examine the interplay between state and federal courts and constitutions. To do this, we’ll work through 51 Imperfect Solutions: States and the Making of American Constitutional Law, by Judge Jeffrey S. Sutton (class of 1983). As a final project, students will choose a legal issue, evaluate its chances of success under the federal constitution and their home state constitution (or state constitution of their choosing), develop a basic litigation strategy aimed at achieving their objectives, and present that evaluation and strategy to the class.