State Constitutional Law in 1931–32

Law as it is made by the courts, interstitially as suggested by Mr. Justice Holmes, and interpreted in the cases that arise during a year, covers only a portion of the law-making process of the American states. Judicial interpretation and judicial legislation are determined largely by the types of controversies which arise involving the interpretation and application of constitutions and laws, and by the personnel of the courts before whom the issues are litigated. It is difficult to discover the tendencies or trends which are in the molding during a decade or more of legal history; for such a short term as a year, generalizations or conclusions may be attempted only with great caution and with well understood reservations.The significant decisions affecting state constitutional law in 1931-32 in the state supreme courts or courts of appeal and in the inferior federal courts may conveniently be grouped under the following headings: (1) the separation and delegation of powers; (2) the protection of civil rights; (3) due process of law and equal protection of the laws; (4) due process and public utility regulations; (5) due process and the police power; (6) taxation; and (7) miscellaneous decisions.