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On the Significance of Constitutional SpiritLouis D. BilionisUniversity of Cincinnati College of Law March 15, 2010 North Carolina Law Review, Vol. 70, p. 1803, 1992 U of Cincinnati Public Law Research Paper No. 10-10 Abstract: America is experiencing a major realignment of the national constitutional order. The primary responsibility for defining and enforcing civil liberties is shifting from the federal courts and the Federal Constitution to the state judiciaries and their state constitutions. Judges who expound a state constitution must do so with devotion to its spirit - not the spirit of the Federal Constitution, and not the spirit that underlies the currently popular constitutional theory. In many states, North Carolina Among them, keeping faith with the constitutional spirit means interpreting individual rights liberally and enforcing them unflinchingly.
Number of Pages in PDF File: 23 Keywords: state constitutions, North Carolina, individual rights JEL Classification: K40, K49 Accepted Paper SeriesDate posted: March 12, 2010Suggested CitationContact Information
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