How to Improve State Constitutional Law, 6-17-2010

Or how federal law constitutional law caught on.

Pass a state version of the federal statute 42 USC 1983, along with a provision for the winning party to get attorney fees.

The states rights crowd, the anti-federal anything crowd, ought to like this idea - if they are sincere. Liberals should like this idea, too.

On the hand, those not liking any government smacking their metaphorical hands for denying constitutional rights will not like this idea.

Protecting federal rights became possible when lawyers could afford taking those cases. I see no reason for there not being the same turnabout in state constitutional rights.

What I expect to happen: nothing.

sch

[For the record, I still think this is a good idea. sch 11/12/22.]