Reanimating the States’ Single Subject Jurisprudence: A New Constitutional Test

Authors

Justin W. Evans, Fort Hays State University
Mark C. Bannister, Fort Hays State University

Abstract

Most states’ courts do not rigorously enforce the single subject rule contained in their constitutions. This paper first argues that the courts should immediately dispense with the common law doctrines frustrating the rule’s enforcement. The paper then proposes a framework—a new constitutional test by which single subject challenges should be evaluated. The proposed framework is grounded in the intent of the rule’s framers and ratifiers.

Recommended Citation

Justin W. Evans & Mark C. Bannister, Reanimating the States’ Single Subject Jurisprudence: A New Constitutional Test, 39 S. Ill. U. L.J. 163 (2015).
Available at: https://opensiuc.lib.siu.edu/siulj/vol39/iss2/2