New Federalism

Justice Brennan’s 1977 article “State Constitutions and the Protection of Individual Rights,” provoked many litigators to look to the state courts to enhance individual liberties beyond the scope of the federal constitution. This came at a time when the conservative legal movement developed out of a perception that the Warren Court and its successors had gone too far, with courts holding an influence far too powerful in American life. They called for a more restrained view of the judicial role, while those on the left looked to state courts to assert their role in protecting individual rights. This sparked a New Federalism that embraced more active and robust efforts to achieve litigation-oriented outcomes through state constitutional litigation. In recent years, many in the conservative legal movement have also come to embrace state constitutions as separate documents that best protect both individual and economic liberty. This panel will offer a historical overview of these trends as well as offer perspectives of the role of state constitutions from the federal and state bench.
The Inaugural Wisconsin Lawyers Chapters Conference was held on May 4, 2018, in Madison, Wisconsin.
Panelists:

Hon. Stephen Markman, Chief Justice, Michigan Supreme Court
Joseph Ranney, Professor of Law, Marquette University Law School & Shareholder, DeWitt Ross & Stevens S.C.
Hon. Jeffrey Sutton, United States Court of Appeals for the Sixth Circuit
Moderator: Hon. Brian K. Hagedorn, Wisconsin Court of Appeals