State Constitutional Law

State constitutions provide a fertile source of law for a lawyer to advocate for a client’s rights.  For the criminal defendant the state constitution may provide broader protections in the area of criminal procedure.  For the prosecutor it is important to understand state court approaches to a interpreting the state constitution so that the prosecutor can respond effectively to efforts to impose broader protections under state constitutions than the federal courts recognize under the U.S. Constitution.  For the lawyer representing state or local government agencies, an understanding of state constitutional law is essential for the exercise of the government’s general police powers.  For the attorney representing a private individual against state action, the state constitution may provide rights or limit state power in ways not contained in the U.S. Constitution.  The state constitutions govern issues as broadly as labor relations, proportional taxation, and environmental law.  The goal of State Constitutional Law Seminar is to familiarize students with state constitutional law so that the student will consider this important source of law when representing clients. 

The course does not focus exclusively on any particular state’s constitution.  Rather, the course presents an overview of how the various state supreme courts address rights under their individual state constitutions.  Students can then adapt those concepts to the jurisdiction where the student will ultimately practice law.