As April is poetry month, one would be remiss in failing to mention some excellent poems regarding a seminal state case.
In State v. Gunwall, the Washington State Supreme Court created a list of six factors which it uses to determine when the state constitution provides greater protections than the federal constitution. These factors include:
- Language of the state constitution
- Differences between parallel federal and state constitutional provisions
- History of the state constitution and common law
- Pre-existing state law
- Structural differences between the federal and state constitutions
- Whether the subject matter is of particular state interest or local concern.
Though no longer mandatory (after Woodinville v. Northshore United Church of Christ) it is a good idea to brief the factors whenever arguing that freedoms should be expanded under the state constitution!