Faculty Journal Articles and Book Chapters
Abstract
This article examines the challenges faced by states that align their constitutions with federal doctrine through the practice of "lockstepping"—adopting federal legal standards into state law. Lockstepping binds states to federal law, regardless of its trajectory. Part I traces the evolution of standing doctrine in both federal courts under Article III and Kentucky courts under its constitution. Part II presents an originalist critique of the federal injury-in-fact requirement, highlighting emerging efforts to abandon this requirement in federal courts. Part III discusses the dilemma states like Kentucky face, balancing constitutional interpretation, federalism, and legal stability.
Publication Title
Kentucky Law Journal
Document Type
Article
Keywords
Kentucky, Laws, Constitution, State courts, Federal courts, Constitutional law, Lockstepping, Originalism, Federalism
Recommended Citation
Thomas B. Bennett, The Wages of Hitching Wagons, 112 KY. L.J. 661 (2023-2024)