51 Imperfect Solutions, Jeffrey S. Sutton
51 Imperfect Solutions, Jeffrey S. Sutton
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51 Imperfect Solutions
States and the Making of American Constitutional Law

Author: Jeffrey S. Sutton

Narrator: David Drummond

Unabridged: 9 hr 14 min

Format: Digital Audiobook Download

Published: 08/28/2018


Synopsis

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.

About Jeffrey S. Sutton

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 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.


Reviews

Goodreads review by Abbie

Read this for my Oregon Constitutional Law class. Long story short, I’m on a journey to preferring innovation by state courts as opposed to federal courts concerning the preservation of individual rights. This thought process started for me with the overturning of Roe and seeing how the individual r......more

Goodreads review by Paul

Sutton makes the case for a revitalization of litigation under State constitutions (rather than relying primarily—or solely—on the federal Constitution) to vindicate rights. He presents historical examples to highlight prior interplay between federal and state courts. The historical information is i......more

Goodreads review by John

Great encapsulation of the idea that state constitutions are perhaps the better venue for individual vindication of rights, instead of depending on a national court of politically affiliated and appointed justices. Nice historical analysis and good humor throughout. Bias as a federal judge does come......more

Goodreads review by Jules

51 Imperfect Solutions: States and the Making of American Constitutional Law written by Jeffrey S. Sutton Reviewed by Jules Mermelstein Sixth Circuit Court of Appeals Judge Sutton wrote this love sonnet to federalism when it comes to constitutional law. It is both persuasive and well-researched. By “we......more