Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Thus Far And No Further: The New Mexico Supreme Court's Failure To Expand The Rights Of The Criminally Accused Beyond Search And Seizure Under The State Constitution, Ryan Villa
Student Thesis Honors (1996-2008)
The New Mexico Supreme Court has at once been both proactive and conservative in expanding the rights of the accused under the State Constitution. In the field of search and seizure, the Court has been extremely active in heeding Justice Brennan's call to the states to expand liberties under state constitutions. Interestingly, at the same time, the court has failed to expand other rights of the accused with few exceptions. This paper seeks to explore some of the reasons why this dichotomy has occurred and offers a few strategies to argue for expansion in three other areas. These include the …
Implications Of Incorporating State Created Rights Into The Federal Constitution Through The Ninth Amendment, Esteban A. Aguilar Jr.
Implications Of Incorporating State Created Rights Into The Federal Constitution Through The Ninth Amendment, Esteban A. Aguilar Jr.
Student Thesis Honors (1996-2008)
Professor Gregory Allen in Ninth Amendment and State Constitutional Rights suggested a hypothetical conflict that could arise between state and federal courts when a state constitution provides for greater protection against governmental abuse of power than the federal constitution. One possible safeguard of autonomy for those states choosing to grant their citizens greater state law protections than the federal government is the Ninth Amendment. The Ninth Amendment protects unenumerated rights' that are retained by the people of the states. In theory, applying the Ninth Amendment would essentially federalize state law protections contained in state constitutions and guard that state from …
In Search Of The Deliberative Initiative: A Proposal For A New Method Of Constitutional Change, Arne R. Leonard
In Search Of The Deliberative Initiative: A Proposal For A New Method Of Constitutional Change, Arne R. Leonard
Student Thesis Honors (1996-2008)
The use of citizen's initiatives to amend state constitutions reached record high levels in the 1992-93 biennium. Proponents of the initiative argue that it provides a healthy means of turning a voter's distrust into much-needed governmental reform. Yet critics are quick to point out that correcting the abuses of representative government is not the only objective of the initiative campaigns of the 1990s. The initiative also has been used to denigrate the rights of minorities. In addition to threatening the rights of minorities, some critics argue this weapon may undermine the federal guarantee that each state shall have a republican …