A Solution in Search of a Problem: The Difficulty with State Constitutional "Right to Hunt" Amendments

This article explores the facets of hunting amendments. Part I traces the legal history of protections for hunting, from early laws to preserve hunting for the people to modern hunter harassment statutes. Part II analyzes the forms of hunting amendments—some guarantee a right, others only recognize a heritage; some are fundamental rights, others are less strong; some are limited by private property rights, others are absolute. Nonetheless, they have a common source.

Part III considers the impacts— possibly unintended consequences—of hunting amendments. Finally, Part IV suggests that while there are unrecognized common values between hunters and animal welfare groups that provide a solution for much of the debate, there are irreconcilable value clashes that will—and should—play out in the legal system but not in the constitutional arena.