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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 thisimbalance and illustrates the virtues of federalism for all Americans.
List of contents
- 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.
Summary
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.
Additional text
Judge Sutton, a leading federal judge whos spent his career championing federalism, is the perfect bearer of this important message: Not all constitutional law comes from the federal Constitutionwe must remember state constitutions. This book should change the way constitutional law is taught and litigated.
