Friday, January 20, 2017

Goodwin Liu: In Praise of Judicial Federalism

That's the title of an article in yesterday's Recorder here, by Justice Liu, in which he concludes:
Image result for justice liuWhen it comes to some of the most basic constitutional guarantees, state and federal courts are engaged in a common enterprise of American constitutionalism. What is essential to this enterprise is that state and federal courts, whether relying on state or federal sources, exercise independence in interpreting their respective constitutions. This judicial federalism is vital to how our system of dual sovereignty secures our freedom.