Just one county has interpreted the contract condition differently compared to the federal similar – symbolizing weak for advocates and you will judges which trust county constitutional independence.
When there is a beneficial scourge into the county constitutionalism simple fact is that lockstep doctrine, the theory you to definitely condition process of law construing state constitutions is to translate them the same way the new U.S. Finest Judge interprets similar language on U.S. Structure. More often than once we anti-locksteppers scream in the mountaintops it is perfectly okay when condition process of law interpret state constitutions in a different way, even if the text message regarding several constitutions is strictly new same.
Merely four years in advance of, in home Building & Mortgage Organization v
Promoting facing lockstepping can be a method to combat disfavored plan result of U.S. Finest Court circumstances. Particularly, pursuing the U.S. Finest Court’s governing into the Dobbs v.