Jeffrey S. Sutton's Books

51 Imperfect Solutions

States and the Making of American Constitutional Law

By: Judge Jeffrey S. Sutton

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51 Imperfect Solutions

States and the Making of American Constitutional Law

By: Judge Jeffrey S. Sutton

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.

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297

Publisher

Oxford University Press

Published Date

ISBN 10

0190866063

ISBN 13

9780190866068

Who Decides?

States as Laboratories of Constitutional Experimentation

By: Jeffrey S. Sutton

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Who Decides?

States as Laboratories of Constitutional Experimentation

By: Jeffrey S. Sutton

A unique defense of Federalism, making the case that constitutional law in America--encompassing the systems of all 51 governments--should have a role in assessing the right balance of power among all branches of our state and federal governments. Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? Who wins the disputes of the day often turns on who decides them. And our acceptance of the resolution of those disputes often turns on who the decision maker is-because it reveals who governs us. In Who Decides, the influential US Appellate Court Judge Jeffrey S. Sutton focuses on the constitutional structure of the American states to answer the question of who should decide the key questions of public policy today. By concentrating on the role of governmental structure in shaping power across the 50 American states, Sutton develops a powerful explanation of American constitutional law, in all of its variety, as opposed to just federal constitutional law. As in his earlier book, 51 Imperfect Solutions, which looked at how American federalism allowed the states to serve as laboratories of innovation for protecting individual liberty and property rights, Sutton compares state-level governments with the federal government and draws numerous insights from the comparisons. Instead of focusing on individual rights, however, he focuses on structure, while continuing to develop some of the core themes of his previous book. An illuminating and essential sequel to his earlier work on the nature of American federalism, Who Decides makes the case 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 assessing the right balance of power among all branches of government. Taken together, both books 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 the answers to our vexing constitutional questions.

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497

Publisher

Oxford University Press

Published Date

ISBN 10

0197582206

ISBN 13

9780197582206

51 Imperfect Solutions

States and the Making of American Constitutional Law

By: Judge Jeffrey S. Sutton

Write a review Read reviews Take a Quiz Solve Book Puzzle

51 Imperfect Solutions

States and the Making of American Constitutional Law

By: Judge Jeffrey S. Sutton

Average ratings

N/A

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Solve jigsaw puzzle

Age

Page Count

297

Publisher

Oxford University Press

Published Date

ISBN 10

0190866063

ISBN 13

9780190866068

Who Decides?

States As Laboratories of Constitutional Experimentation

By: Jeffrey S. Sutton

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Who Decides?

States As Laboratories of Constitutional Experimentation

By: Jeffrey S. Sutton

51 Imperfect Solutions told stories about specific state and federal individual constitutional rights, and explained two benefits of American federalism: how two sources of constitutional protection for liberty and property rights could be valuable to individual freedom and how the state courts could be useful laboratories of innovation when it comes to the development of national constitutional rights. This book tells the other half of the story. Instead of focusing on state constitutional individual rights, this book takes on state constitutional structure. Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? The goal of this book is to tell the structure side of the story and to identify the shifting balances of power revealed when one accounts for American constitutional law as opposed to just federal constitutional law. The book contains three main parts-on the judicial, executive, and legislative branches-as well as stand-alone chapters on home-rule issues raised by local governments and the benefits and burdens raised by the ease of amending state constitutions. A theme in the book is the increasingly stark divide between the ever-more democratic nature of state governments and the ever-less democratic nature of the federal government over time"--

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497

Publisher

Oxford University Press

Published Date

ISBN 10

0197582184

ISBN 13

9780197582183

Book's by Jeffrey S. Sutton

51 Imperfect Solutions

51 Imperfect Solutions

Who Decides?

Who Decides?

51 Imperfect Solutions

51 Imperfect Solutions

Who Decides?

Who Decides?

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