From the 1940s through the 1970s, most lawyers and law students rarely encountered a single reference to state constitutional law. State supreme courts occasionally would rule on a state constitutional issue relating to structure of state government, such as the provisions governing legislation, a governor’s veto power, or public school funding. Little attention was paid to state declarations of rights, primarily because of the overwhelming focus, in the press and in legal academia, on the U.S. Supreme Court, starting in the New Deal and accelerating during the...
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