Red Sox Spirit and Constitutional Theory: A New Approach to State Constitutional Law
This opinion piece from Reason.com, published July 20, 2026, explores the concept of 'Red Sox Spirit' as a lens for interpreting the Massachusetts state constitution, inspired by a co-blogger's critique of the Hawaii Supreme Court's 'Aloha Spirit' decision. The author argues that Red Sox Spirit embodies protecting liberty and resisting tyranny, rooted in Massachusetts' revolutionary history and its early abolition of slavery. The article applies this principle to contemporary issues like rent control, exclusionary zoning, and gun rights, referencing the U.S. Supreme Court's Bruen decision. It also critiques the 'history and tradition' approach for federal constitutional interpretation, favoring original meaning originalism, but suggests state courts may legitimately use different methods to expand rights. The piece touches on the justiciability of 'invasion' in the federal Constitution and the Guarantee Clause, advocating for strict definitions to protect civil liberties and separation of powers.
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