On the Significance of Constitutional Spirit
23 Pages Posted: 12 Mar 2010
Date Written: March 15, 2010
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.
Keywords: state constitutions, North Carolina, individual rights
JEL Classification: K40, K49
Suggested Citation: Suggested Citation