Individual Rights Under State Constitution in 2018: What Rights are Deeply Rooted in a Modern-Day Consensus of the States

115 Pages Posted: 8 Feb 2018  

Steven G. Calabresi

Northwestern University - Pritzker School of Law

Hannah Begley

Stanford University, School of Law, Students

Katherine L. Dore

Unaffiliated Authors - Independent

Sarah E. Agudo

Unaffiliated Authors - Independent

Date Written: February 8, 2018

Abstract

This law review article describes what individual rights are protected under state constitutional law today in 2018; in 1868 when the Fourteenth Amendment was ratified; and in 1791, when the federal Bill of Rights was ratified. We seek to offer a picture over time as to what rights have gone into style and what rights have fallen out of style over the last 227 years. State constitutions are much easier to amend than is the federal constitution, so they provide a good sociological vantage point from which to assess rights. Moreover, since most originalists think that rights should be deeply rooted in history and tradition, as the U.S. Supreme Court held in Washington v. Glucksberg, the 1791 and 1868 data ought to be of interest to them. In contrast, the 2018 data should be of interest to advocates of a living constitution.

Keywords: Constitutional Law, The Fourteenth Amendment, The Bill of Rights and Individual Liberties, American Legal History

JEL Classification: K10, K30

Suggested Citation

Calabresi, Steven G. and Begley, Hannah and Dore, Katherine L. and Agudo, Sarah E., Individual Rights Under State Constitution in 2018: What Rights are Deeply Rooted in a Modern-Day Consensus of the States (February 8, 2018). Northwestern Law & Econ Research Paper No. 18-02; Northwestern Public Law Research Paper No. 18-02. Available at SSRN: https://ssrn.com/abstract=3120522 or http://dx.doi.org/10.2139/ssrn.3120522

Steven G. Calabresi (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

Hannah Begley

Stanford University, School of Law, Students ( email )

Stanford, CA
United States

Katherine L. Dore

Unaffiliated Authors - Independent ( email )

No Address Available

Sarah E. Agudo

Unaffiliated Authors - Independent ( email )

No Address Available

Register to save articles to
your library

Register

Paper statistics

Downloads
161
rank
166,997
Abstract Views
480
PlumX