This book examines the evolution of liberty and equality under state constitutions from both a historical and jurisprudential perspective. The rise of the New Judicial Federalism has allowed many states to rediscover that they are empowered to enact their own constitutions and to interpret them as they see fit, independently of federal constitutional law. As the New Judicial Federalism gained ground, it was found that state constitutional law is an extremely important source of protection for individual rights and liberties. In some areas, the state courts are on the cutting edge of constituti ... More

This book examines the evolution of liberty and equality under state constitutions from both a historical and jurisprudential perspective. The rise of the New Judicial Federalism has allowed many states to rediscover that they are empowered to enact their own constitutions and to interpret them as they see fit, independently of federal constitutional law. As the New Judicial Federalism gained ground, it was found that state constitutional law is an extremely important source of protection for individual rights and liberties. In some areas, the state courts are on the cutting edge of constitutional law and have taken the lead in cultivating an expansive view of civil rights and liberties. Not all states have welcomed the New Judicial Federalism, and this has created a compelling dialogue among the states concerning equality and liberty. The book emphasizes how important state constitutional law is in the protection of the individual rights. Acting under their state constitutions, many state courts across the nation have expanded the rights of equality and liberty beyond those recognized under the Federal Constitution. State courts have taken a strong stand against discrimination and have recognized new fundamental rights. In some states, the courts have expanded abortion rights, while others have pioneered the recognition of same-sex unions or marriage. State courts were the first to recognize a right of intimate association, furnishing an incentive for the U.S. Supreme Court to finally follow suit. All of these matters and more are thoroughly analyzed in this book.