Positive rights and state constitutions: the limits of federal rationality review

Article Abstract:

The reliance of the state courts on federal rationality review with respect to state constitutional guarantees to welfare are misplaced. State judicial review should be allowed to act with more fidelity to state constitutional forms, which often contain provisions not addressed in the federal Constitution, such as public obligation, private autonomy, and government ordering. The test of state welfare law under a state constitution should reflect specific state circumstances, not merely whether the law itself is within the bounds of state power.

United States, Standards, Laws, regulations and rules, Constitutional law, Constitutional interpretation, Welfare reform, Judicial review

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Interpretation and authority in state constitutionalism

Article Abstract:

State constitutionalism should be based on the diversity of interpretations by state courts rather than on reliance on unique state sources of law. Michigan v Long provides a formula which can be used by state courts to preclude federal court review. This should allow state courts to use federal as well as state sources in arriving at their decisions, which should encourage a freer interpretive exchange among state and federal courts.

Powers and duties, State courts

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Too sovereign but not sovereign enough: are U.S. states beyond the reach of the law of nations?

Article Abstract:

The author discusses means the US federal government can use to ensure state compliance with international obligations in light of the Angel Breard and Karl and Walter LaGrand cases.

International Affairs, Treaties & Intnl Law, Political aspects, International law, Sovereignty

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