It is frequently argued that state constitutions ought to be interpreted using a methodology of constitutional positivism, a familiar and commonplace theory of interpretational legitimacy that requires courts to treat a constitution as an authoritative ex
William and Mary Law Review
James A. Gardner,
Whose Constitution Is It? Why Federalism and Constitutional Positivism Don't Mix,
Wm. & Mary L. Rev.
Available at: https://digitalcommons.law.buffalo.edu/articles/229