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Although states sit at the heart of the American democratic system, academic and popular discourse often overlook state-level public law. The lion’s share of attention, instead, goes to the federal government. In this Special Issue, the states take center stage. The essays in this collection explore issues relating to subnational democracy, government, and institutions. These essays were first presented at a conference entitled “Public Law in the States,” which took place in June 2021. The conference was the inaugural academic convening of the new State Democracy Research Initiative at the University of Wisconsin Law School. Like this Special Issue, the Initiative aims to contribute to the vitality of democracy at the state level through research and learning focused on the states.

In recent years, antidemocratic behavior has rippled across the nation. Lame-duck state legislatures have stripped popularly elected governors of their powers; extreme partisan gerrymanders have warped representative institutions; state officials have nullified popularly adopted initiatives. The federal constitution offers few resources to address these problems, and ballot-box solutions cannot work when antidemocratic actions undermine elections themselves. This Article argues that a vital response has been neglected: state constitutions.

Around the country, officials in “purple” states are waging high-stakes battles in which they alter government institutions for partisan advantage. Commentators to date have largely viewed these developments in political terms, as evidence of eroding democracy. This Essay urges another lens: the recent power plays raise significant, justiciable questions of state constitutional law. Indeed, state courts have begun to decide these cases, despite apparent misgivings and dissenting opinions regarding the conflicts’ political nature.