Abstract
Abstract Part II covers the New Judicial Federalism, the development of state court interpretations of some state constitutional rights provisions to be more protective than the same or similar federal constitutional provisions as interpreted by the U.S. Supreme Court. The New Judicial Federalism has been the driving force in the increased interest in, and relevance of, state constitutions in the past several generations. Because state constitutional interpretation in rights cases has been so dominated by concerns over whether state courts should follow or diverge from federal constitutional doctrine, this part treats these issues separately from more general interpretation issues. This part focuses on techniques of analysis in the very important area of America’s dual enforcement of constitutional norms, with examples drawn from many state courts.
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