09 June 2008

Interpreting State Constitutions

As has been noted on several occasions in American Constitutional Law class, an individual state may grant more rights to people under it's constitution than are available under the federal constitution. But there may also be instances where a state constitution places more limitations government. For instance, the United States Supreme Court has held the giving parents vouchers (money) to help pay for tuition charged by religious schools did not violate the Establishment Clause found in the First Amendment of the U.S. Constitution. But many states, including Arizona, have a clause in their constitution that specifically prohibits state money from being used in any manner related to religion. So it was no surprise that the Arizona Supreme Court recently ruled that school vouchers given out by the State of Arizona violated the Arizona constitution. So, to review, the U.S. Supreme Court said this practice does not violate the U.S. Constitution, but the Arizona Supreme Court said that it DID violate the Arizona constitution. Federalism in the U.S. isn't always easy to comprehend.