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State Attorneys General As Interpreters of State Constitutions
Authors:Morris  Thomas R
Abstract:The traditional duties of state attorneys general are to providelegal advice and representation for state officials. The exerciseof those duties afford attorneys general numerous opportunitiesto interpret state constitutions. Opinion writing is the mostvisible way in which attorneys general interpret state constitutionsand implement state appellate court decisions on constitutionalissues. While opinions are not binding on state courts, theyare regularly sought and almost always followed by state officials.Requests for opinions on state constitutional issues are mostlikely to pertain to the internal workings of state government.Not as visible, but just as important is the role attorneysgeneral play in litigating constitutional questions. In carryingout their traditional responsibilities to represent state officialsand their more recently articulated duty to defend the publicinterest, attorneys general are the most prolific litigatorsin state appellate courts.
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