Providing Opinions: State Attorneys General and State Constitutions

Abstract

Federalism scholars have increasingly recognized the impact of state attorneys general in national politics. State attorneys general also are in a unique position to contribute to the development and application of state law through their advisory opinion duties. I examine advisory opinion activity on state constitutional questions across all states for 2016–2018 in the context of legal, institutional, and political explanations developed in studies of attorney general behavior and judicial decision-making. Most opinions addressed issues of finance, legislative power or local power and were most often issued to state legislators and local officials. Republican attorneys general in Southern states with similar political cultures were most active issuing opinions, with significant party collaboration between requesters and attorneys general.