I. INTRODUCTION Justice William Brennan urg state courts to exercise independent reasoning when interpreting their respective state constitutions.(1) United States first Court interpretations of the Federal Constitution, he argued, should not necessarily guide state court decisions or state constitutional law, regardless of whether state and federal provisions are similar.(2) For the last sum of two units decades, scholars and courts have taken up Brennan's battle yell fighting with various degrees of succes to give state constitutions independent vitality.(3) The State of
