| 51 Imperfect Solutions: States and the Making of American Constitutional Law Contributor(s): Sutton, Jeffrey S. (Author) |
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ISBN: 0190088818 ISBN-13: 9780190088811 Publisher: Oxford University Press, USA
Binding Type: Paperback - See All Available Formats & Editions Published: September 2020 |
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| Additional Information |
| BISAC Categories: - Law | Constitutional - Political Science | Constitutions - Political Science | American Government - State |
| Dewey: 342.73 |
| Physical Information: 0.9" H x 6.1" W x 9.1" L (0.85 lbs) 296 pages |
| Descriptions, Reviews, Etc. |
| Publisher Description: 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, 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. The book corrects this omission by looking at each issue 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. |
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