Do State Constitutions Offer Superior Protection to the US Constitution?

When it comes to constitutional law, pre-1970, state constitutions set the rights for true citizens within their states. On a state level, they were supreme, often surpassing the protections offered by the United States Constitution, which is legally known to govern the federal government and its functions.

State Constitutions and Specific Rights

Much depends on the specific state in question. For instance, some state constitutions protect the right to an abortion, while others safeguard the rights of interracial or same-sex marriages. However, itrsquo;s important to note that states can always protect more rights, but they cannot protect fewer rights than those mandated by the US Constitution for federal governance.

Challenges to Equality

Despite their potential for protection, state constitutions have not been immune to challenges. Recently, several state legislatures have enacted laws that can be seen as discriminatory, particularly towards women. While men retain the right to make medical decisions, women in some states find their autonomy limited. This raises concerns about the balance of power and equal rights under various state constitutions.

Examples of Effective State Constitutions

States like California and Colorado are often highlighted for their robust protections of individual liberties. Both states have demonstrated a commitment to equality and respect for their citizens. For instance, California fought a significant infringement with Proposition 8, where fundamental rights were placed on a popular vote, leading to the US Constitution providing an emergency buffer in cases where the majority might deny equal rights.

The experience in Colorado with Amendment 2, known as Romer v. Evans, highlights how complex and misleading language in proposed amendments can confuse and prejudice voters. This amendment aimed to remove anti-discrimination protections for LGBT employees, leading to a Supreme Court ruling in favor of equal protection. Subsequently, both states have since enacted laws that safeguard the LGBT community, reinforcing the importance of state constitutional protections.

State Constitutional Amendments

Exciting progress is being made in states like Vermont. Just a few weeks ago, Vermont completed a two-year process of amending its constitution. This amendment added vital protections against chain gangs and for reproductive rights, further enhancing the statersquo;s constitution in comparison to the federal one. This highlights the ongoing effort and potential for improvement within state constitutions, offering a model for other states.

Overall, while there is room for improvement and concerns regarding discrimination, state constitutions can and sometimes do provide more comprehensive protections than the US Constitution. This underscores the importance of continued vigilance and advocacy for equal rights at both state and federal levels.