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Answering from a U.S. point of view: Yes.

The federal constitution guarantees certain rights that the states cannot take away, but the states can grant their citizens additional rights. The state courts are responsible for enforcing those additional rights; federal courts cannot enforce state law.

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16y ago
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15y ago

No. A state constitution can provide different protections or better protection, but do not protect a person from prosecution by the federal government.

For example, the Washington state constitution will allow certain felons to have a concealed weapon permit. The permit shields the person from prosecution for being a felon in possession of a firearm in any Washington State court, but the person could still be arrested and charged in a federal court.

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13y ago

Certainly. However, it cannot negate any rights guaranteed by the U.S. Constitution.

For example, the U.S. Constitution guarantees every person both Due Process and Equal Protection. Meanwhile the Constitutions of some states deny both Due Process and Equal Protection to loving, committed same-sex couples by denying them access to marriage.

Eventually the latter clauses in state Constitutions will be declared unconstitutional, just as the U.S. Supreme Court ruled back in the 1960s that preventing inter-racial couples to marry was unconstitutional.

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Q: Can States provide more protection of individual rights than does the Unites States Constitution?
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