Identical rights language can mean more under state constitutions than under the federal one.

Evidence

Even rights protected by the federal Constitution may have a different scope under state constitutions, due to distinctive constitutional language or state constitutional history. For example, whereas inequalities in school funding did not violate the equal protection clause of the federal Constitution, the California Supreme Court held that they violated the equality requirements of the California Constitution. Since the early 1970s, state courts have increasingly looked to state guarantees to develop a body of state civil-liberties law, a phenomenon known as “the new judicial federalism.” — G. Alan Tarr, Judicial Process and Judicial…, 3371

Categorization

• DEFINE: Defines ‘the new judicial federalism’ — a named phenomenon with a start date (early 1970s) and a mechanism.
• XREF: Pairs with Serrano v. Priest (California school finance) and San Antonio Independent School District v. Rodriguez on the federal side.