Judicial Review and the Supreme Court of Washington, 1890-1986

The literature on judicial review by state supreme courts suggeststhat from the beginnings of the republic until today, statejudicial review has shifted generally from what can be calleda restraintist departmentalism to an activist "new federalism."Since statehood in 1889, the Supreme Court of Washington hasreacted to constitutional challenges in much the same manneras the high courts of other states. Recently, however, Washington'sjurists have forged an independent course by applying the morerestrictive aspects of the state constitution to private andgovernmental intrusions into personal lives rather than relyingon the guidelines provided by the federal Constitution and theU.S. Supreme Court. The nature of this second "Golden Age" ofstate judicial review, because of its effect on federalism ratherthan the separation of powers, requires appraisal from a newperspective.