Which Constitution? Eleven Years of Gunwall in Washington State

Abstract

Reviews and analyzes all Washington Supreme Court cases from 1986 to 1997 that cited State v. Gunwall for its six-step approach to applying the State Constitution when analogous provisions of the United States Constitution also apply. Concludes that despite a stated policy of resorting to the state constitution and ample opportunity to do so, during this eleven-year period the Washington court typically avoided application of Washington's constitution. The paper recommends a number of approaches that the Washington Supreme Court might take to increase appropriate briefing on state constitutional issues by lawyers.

Keywords: State Constitutional Law

JEL Classification: K19