The Yale Law Journal

VOLUME
133
2023-2024
Collection

Revitalizing State Constitutions: A Turning Point for State and Federal Constitutional Rights

10 Nov 2023

Forum

The Right to Amend State Constitutions

Jessica Bulman-Pozen & Miriam Seifter

This Essay explores the people’s right to amend state constitutions and threats to that right today. It explains how democratic proportionality review can help courts distinguish unconstitutional infringement of the right from legitimate regulation. More broadly, the Essay considers the distinctive …

Forum

De-judicialization Strategies

Mila Versteeg & Emily Zackin

Constitutions have long been understood to empower courts. We argue, however, that constitutions can also be used to de-judicialize politics. We focus on the de-judicialization strategy of adding detailed provisions to U.S. state constitutions, and demonstrate that it has been employed throughout U.…