The Fourth Amendment and Federalism: The Supreme Court Tussle Over the Two

July 3, 2008

Marc Harrold, Michael John Gorman

This term, the Supreme Court will decide two cases on the Fourth Amendment. Both come from state supreme courts (Arizona and Virginia) and demonstrate a subtle but sizeable trend in state high courts to find greater individual protections in the Constitution, without first looking to their own charters of freedom. By finding those rights in the federal constitution, state courts are forcing the Supreme Court’s hand. It is a needless game of chicken that good federalism can avoid....

The Fourth Amendment and Federalism: The Supreme Court Tussle Over the Two