The Yale Law Journal


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

21 Nov 2023


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 …


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.…


Tar Heel Constitutionalism: The New Judicial Federalism in North Carolina

Anita Earls

Like many other state constitutions, the North Carolina Constitution contains unique provisions guaranteeing individual rights not present in the U.S. Constitution. This Essay explores the extent to which political and civil rights in the North Carolina Constitution have been enforced by the state s…


The “Bounds” of Moore: Pluralism and State Judicial Review

Leah M. Litman & Katherine Shaw

This Essay examines a potential version of the “independent state legislature theory” (ISLT) that, were it adopted, could require states to adopt particular interpretive methods for state laws regarding federal elections. That ISLT variant, however, has no basis in history, federalism, or democracy.