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51 Imperfect Solutions - States and the Making of American Constitutional Law (Hardcover)
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51 Imperfect Solutions - States and the Making of American Constitutional Law (Hardcover)
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When we think of constitutional law, we invariably think of the
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. Federal Appellate 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 our
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 accounts 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,
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 our 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.
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