Constitutions have long been understood to empower courts. We argue, however, that constitutions can also be used to de-judicialize politics. We focus on the de-judicialization strategy of adding detailed provisions to U.S. state constitutions, and demonstrate that it has been employed throughout U.S. history and is still in use today.

Mila Versteeg & Emily Zackin, De-judicialization Strategies, 133 Yale Law Journal, 228–248 (2023).