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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. 1005

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