When 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.
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: