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Florida State University College of Law

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Selective Entrenchment In State Constitutional Law: Lessons From Comparative Experience, David Landau Jan 2016

Selective Entrenchment In State Constitutional Law: Lessons From Comparative Experience, David Landau

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While the U.S. Constitution has long been viewed as an outlier along a number of dimensions, recent work has explored the similarities between comparative constitutionalism and the constitutionalism of the states. Scholars have noted that state constitutions look more like the constitutions often found abroad along several key dimensions. Most importantly for our purposes, they are often long, detailed, and specific documents that go well beyond merely setting up a basic framework, and they are often relatively flexible and easy to amend. In contrast, the U.S. Constitution seems unusually sparse and rigid.

This essay argues that the recent ...