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21 Ariz. St. L.J. 1005 (1989)
The Double Threat of Judicial Activism: Inventing New Rights in State Consitutions

handle is hein.journals/arzjl21 and id is 1019 raw text is: The Double Threat of Judicial Activism:
Inventing New Rights in State
Constitutions
Steven J. Twist* and Len L. Munsil**
I. INTRODUCTION
The publication in this journal of an issue entirely devoted to the
study of Arizona's constitution was a welcome contribution to our state's
legal and jurisprudential history.' Professor John D. Leshy's article, The
Making of the Arizona Constitution,2 sets forth a comprehensive account
of Arizona's political genesis, and serves as an important reminder of
the need to examine the original understanding of constitutional texts to
determine their meaning.
In The Double Security of Federalism: Protecting Individual Liberty
Under the Arizona Constitution, Arizona Supreme Court Justice Stanley
G. Feldman and attorney David L. Abney survey the Arizona Consti-
tution, contrasting its protection of individual liberty with that provided
by similar provisions of the federal Constitution.3 Justice Feldman and
Mr. Abney describe Arizona courts' treatment of state constitutional
safeguards for individual liberty. They discuss methods for determining
whether textual variance between state and federal constitutional rights
should lead    to  decisional variance, 4 and     urge greater attention     to
Arizona's progressive and innovative constitution.' They conclude with
the hope that their article will spur a renewed interest in use of our
state constitution.6
*  Arizona Chief Assistant Attorney General. B.A. 1971, J.D. 1974, Arizona State University.
The authors gratefully acknowledge Mark Hessinger's substantial assistance in the preparation of
this article. The contributions of Dennis Staffelbach also are appreciated.
**  Judicial Clerk to Judge Daniel A. Manion, United States Court of Appeals for the Seventh
Circuit. B.S. 1985, J.D. 1988, Arizona State University.
1. See Symposium on the Arizona Constitution, 20 ARuz. ST. L.J. 1-368 (1988).
2. Leshy, The Making of the Arizona Constitution, 20 Auzz ST. L.J. 1 (1988).
3. Feldman & Abney, The Double Security of Federalism: Protecting Individual Liberty Under
the Arizona Constitution, 20 ARmZ. ST. L.J. 115 (1988).
4. Id.
5. Id. at 146.
6. Id.

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