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Title details for 51 Imperfect Solutions by Judge Jeffrey S. Sutton - Available

51 Imperfect Solutions

States and the Making of American Constitutional Law

by Judge Jeffrey S. Sutton
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When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.

  • Creators

  • Publisher

  • Release date

    May 7, 2018

  • Formats

    • Kindle Book

    • OverDrive Read

      • ISBN: 9780190866068

    • EPUB ebook

      • ISBN: 9780190866068
      • File size: 787 KB

  • Languages

    • English

  • Reviews

    • Library Journal

      June 15, 2018

      State constitutions are the Rodney Dangerfield of American law: they get no respect. In contrast, the U.S. Constitution and its Bill of Rights are revered. Sutton, a judge for the U.S. Court of Appeals for the Sixth Circuit, wants state constitutions to get their day in the sun. Offering a scholarly and well-documented investigation of the bills of rights that exist in every state constitution, Sutton argues that lawyers and judges ought to promote them rather than looking exclusively at their federal counterparts. The subjects Sutton examines are not well known, such as the sterilization laws arising from the eugenics movement and litigation over state constitutions' language over public school funding. The latter Sutton was personally involved with when he served as Ohio's chief appellate lawyer and poor school districts sued the state invoking the state constitution's guarantee of "a thorough and efficient system of common schools throughout the state," litigation which led to substantial changes in school funding. VERDICT Aimed at academics and attorneys but written in a clear, straightforward style accessible to general audiences.--Michael Eshleman, Alamogordo, NM

      Copyright 2018 Library Journal, LLC Used with permission.

Formats

  • Kindle Book
  • OverDrive Read
  • EPUB ebook

subjects

Languages

  • English

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