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Reason
Reason
Jonathan H. Adler

Justice Pat DeWine on Interpreting the Ohio Constitution

Most discussions of constitutional interpretation focus on the interpretation of the federal constitution. But (as Judge Jeffrey Sutton likes to remind us) there are actually 51 constitutions in the United States, and constitutional doctrines can develop (and have developed) differently at the state level. Different state constitutions were adopted at different times, and many have features that are quite distinct from the federal constitution. For example, many states elect multiple executive branch officials, such that it cannot be said that they have a "unitary executive." (Whether the federal constitution creates a unitary executive is, of course, a matter of some academic debate.)

Ohio Supreme Court Justice Pat DeWine has a forthcoming paper on the interpretation of the Ohio Constitution, titled (appropriately enough) "Ohio Constitutional Interpretation." It is a welcome contribution to the under-developed literature on state-level constitutional interpretation.

Here is the abstract:

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