A New Mexico trial court in today’s Morris v. Brandenberg (N.M. Dist. Ct. Jan. 13, 2014) holds that the New Mexico Constitution protects such an unenumerated right, though the U.S. Constitution does not. Not clear what the New Mexico appellate courts will do with this, though.
Archive | State Constitutional Law
The Obamacare Fix’s Legality, State Law and Standing
By Eugene Kontorovich on November 23, 2013 12:33 pm in Constitutional Law, Federal Jurisdiction, Health Care, Standing, State Constitutional Law
I have a piece in POLITICO discussing the constitutional problems with the ObamaCare fix, which have been previewed here before. One aspect is whether state officials can ignore ObamaCare and instead apply “The Fix.” Regardless of the discretion President Obama has, state officials do not have enforcement discretion over federal law. It is just supreme, […]
San Diego’s Recall Election and California Constitution Art. 3, Sec. 3.5
San Diego’s mayor, Bob Filner, has been accused of widespread sexual harassment (and even assault). He is the subject of a recall petition, and today marks the official beginning of the signature-gathering period. But San Diego’s laws governing recall are both somewhat confusingly-written, and remarkably stringent. The city attorney has already issued three legal opinions […]
Louisiana amendment to strengthen right to arms, on November ballot
By David Kopel on October 3, 2012 7:04 pm in Constitutional Amendments, Constitutional History, Constitutional Law, Elections, Guns, Militia, Popular Constitutionalism, Right to carry, State Constitutional Law
In state elections, the most important vote this November will be in Louisiana. A referendum there would significantly strengthen protection of the right to keep and bear arms in the state, and would set a very significant national precedent. Before the Civil War, the Louisiana Constitution did not mention a right to arms. The Louisiana […]
In Minnesota, We Shall Overcome
By Dale Carpenter on May 22, 2011 5:17 pm in Constitutional Law, Gay Marriage, Same-Sex Marriage, State Constitutional Law
Last night the Minnesota legislature capped a three-week end-of-session effort to ban same-sex marriage. The state senate approved the amendment on May 11. It then went to the state house of representatives. In the end, the vote was 70-62 in favor, two more than the 68 needed for passage onto the ballot. Sixty-eight Republicans (the […]