NCJ Number
121084
Journal
Trial Volume: 25 Issue: 12 Dated: (December 1989) Pages: 67-68,70
Date Published
1989
Length
3 pages
Annotation
Because State constitutions complete the American constitutional system, State constitutional law should be examined along with Federal constitutional law.
Abstract
Lawyers should remember that some State constitutional law claims not raised at the trial level cannot be raised independently on appeal. While more citizens are aware of how criminal law is influenced by Federal constitutional provisions, few are aware of the profound impact of State constitutions. For example, the Supreme Courts of Texas and Kentucky held that under their constitutions, the States' systems for financing public schools were unconstitutional because of inequities between rich and poor school districts. The Supreme Court of Florida held that a State law requiring teenaged girls to obtain parental consent for abortions violated a State right to privacy that had been added to Florida's constitution in 1980. Lawyers should remember that they must uphold two levels of constitutional law: that of the State and that of the Federal government. 12 footnotes.