51 Imperfect Solutions: States and the Making of American Constitutional Law

ISBN : 9780190866044

Judge Jeffrey S. Sutton
296 Pages
156 x 235 mm
Pub date
Jul 2018
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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

About the author: 

The Honorable Jeffrey S. Sutton serves on the United States Court of Appeals for the Sixth Circuit. Judge Sutton was a partner with the law firm of Jones Day Reavis & Pogue in Columbus, Ohio, and served as State Solicitor of the State of Ohio. He also served as a law clerk to the Honorable Lewis F. Powell, Jr. (Ret.), the Honorable Antonin Scalia and the Honorable Thomas J. Meskill.

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