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Cato Podcast

The Power of State Constitutions to Protect Liberty

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 21 September 2016

⏱️ 13 minutes

🧾️ Download transcript

Summary

State constitutions often protect liberty better than the U.S. Constitution, and in many cases fighting the government in state court can be much easier. Clint Bolick, a justice on the Arizona Supreme Court, comments.

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Transcript

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0:00.0

This is the Cato Daily Podcast for Tuesday, September 20th, 2016.

0:06.8

I'm Caleb Brown.

0:07.8

State constitutions contain enormous powers to restrict government and preserve liberty, but that demands citizens who understand

0:15.4

the liberties that those constitutions protect.

0:18.3

Clint Bolick is a justice on the Arizona Supreme Court, we spoke during the Cato Institute's Constitution Day event held last week. the Does that matter? It does matter because the national constitution was modeled after a number of these state

0:39.2

constitutions, especially with regard to the Bill of Rights and what rights were considered important

0:46.6

to protect against the national government, but also in terms of the structure of government

0:51.3

having a two-house legislature, an executive and a separate judicial

0:58.6

branch.

0:59.6

And these were, so these were models that were closely examined.

1:03.6

Now when I asked that about does it matter, I'm talking about where a state constitution

1:09.9

might end up conflicting with a contemporary interpretation of the US Constitution.

1:15.6

Well, and I have very strong opinions on that opinions that I've brought with me to the judiciary.

1:22.8

I believe that state constitutions should be interpreted without regard to how the federal

1:29.1

courts have interpreted the federal constitution.

1:32.4

State constitutions, some instances are antecedents to the

1:36.7

national constitution, but they all draw from the values and principles of their own people.

1:45.0

They are the organic law of the states.

1:48.0

And as such, they should be interpreted in a way that gives full meaning to the provisions of the state constitutions.

1:55.8

Now I'm thinking of in terms of like New Hampshire's state constitution, Rhode Island,

2:01.6

I mean these are constitutions that for a long time predated the

2:06.9

U.S. Constitution and have some fairly startling provisions.

...

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