51 Imperfect Solutions

States and the Making of American Constitutional Law

Nonfiction, Reference & Language, Law, Constitutional, Social & Cultural Studies, Political Science
Cover of the book 51 Imperfect Solutions by Judge Jeffrey S. Sutton, Oxford University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Judge Jeffrey S. Sutton ISBN: 9780190866068
Publisher: Oxford University Press Publication: May 7, 2018
Imprint: Oxford University Press Language: English
Author: Judge Jeffrey S. Sutton
ISBN: 9780190866068
Publisher: Oxford University Press
Publication: May 7, 2018
Imprint: Oxford University Press
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Oxford University Press

Cover of the book Subversive Spiritualities by Judge Jeffrey S. Sutton
Cover of the book Emerging Adults and Substance Use Disorder Treatment by Judge Jeffrey S. Sutton
Cover of the book Pen and Ink Witchcraft by Judge Jeffrey S. Sutton
Cover of the book Housing First by Judge Jeffrey S. Sutton
Cover of the book On Religious Diversity by Judge Jeffrey S. Sutton
Cover of the book Strategic Leadership by Judge Jeffrey S. Sutton
Cover of the book Thomas Harriot by Judge Jeffrey S. Sutton
Cover of the book The Curse of Caste; or The Slave Bride by Judge Jeffrey S. Sutton
Cover of the book Ancient Greek Scholarship by Judge Jeffrey S. Sutton
Cover of the book Group Creativity by Judge Jeffrey S. Sutton
Cover of the book Me, You, Us by Judge Jeffrey S. Sutton
Cover of the book Do You Really Need Back Surgery?: A Surgeon's Guide to Neck and Back Pain and How to Choose Your Treatment by Judge Jeffrey S. Sutton
Cover of the book Brown v. Board of Education and the Civil Rights Movement by Judge Jeffrey S. Sutton
Cover of the book The Qur'an by Judge Jeffrey S. Sutton
Cover of the book Singing the Congregation by Judge Jeffrey S. Sutton
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy