ISBN : 9780190866044
51 Imperfect Solutions 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. 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. The book corrects this imbalance and illustrates the virtues of federalism for all Americans.
Chapter One: Introduction
Chapter Two: American Constitutionalism: A Second Source of Power Comes With Two Potential Constraints on That Power
Chapter Three: Equality and Adequacy of School Funding
Chapter Four: Search and Seizure: The Exclusionary Rule
Chapter Five: Compelled Sterilization
Chapter Six: Free Speech, Free Exercise of Religion, and Freedom from Mandatory Flag Salutes
Chapter Seven: Looking Forward: What the State Courts Can Do
Chapter Eight: Looking Forward: What the Rest of the Legal Community Can Do
Chapter Nine: Epilogue