Sources in American Constitutional History

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Publisher : Rowman & Littlefield
ISBN 13 : 1538100134
Total Pages : 433 pages
Book Rating : 4.5/5 (381 download)

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Book Synopsis Sources in American Constitutional History by : Michael Les Benedict

Download or read book Sources in American Constitutional History written by Michael Les Benedict and published by Rowman & Littlefield. This book was released on 2017-10-13 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the second revised and expanded edition of this invaluable reader, Michael Les Benedict draws together the important documents that have shaped and been shaped by the American Constitution from medieval times through the present day. It includes not only the most important Supreme Court decisions, but also key American declarations, resolutions, laws, and platforms. All these documents represent, in a sense, the formal expression of the American people's ongoing contract with each other. The documents in the reader are organized into chapters corresponding to those in the third edition of The Blessings of Liberty: A Concise History of the Constitution of the United States. However, since they reflect the generally accepted canon of American constitutional history, they may supplement any textbook or other readings. The brief introductory headnotes provide information about the social, political, and intellectual context in which each document first appeared.

The Ohio State Constitution

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Publisher : Oxford University Press
ISBN 13 : 019761972X
Total Pages : 697 pages
Book Rating : 4.1/5 (976 download)

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Book Synopsis The Ohio State Constitution by : Steven H. Steinglass

Download or read book The Ohio State Constitution written by Steven H. Steinglass and published by Oxford University Press. This book was released on 2022-10-03 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of The Ohio State Constitution begins with a detailed summary and analysis of the history of the Ohio Constitution, including the pre-statehood Northwest Ordinance of 1787 (i.e., the Northwest Ordinance), the adoption of the 1802 Constitution, which resulted in Ohio's admission as the 17th state in the Union, and the adoption of the 1851 Constitution, Ohio's current constitution. In-depth attention is given to the 34 amendments that have their origins in the work of the Progressive-era 1912 Constitutional Convention, which proposed the initiative and referendum, and the home rule amendment. The historical commentary also covers the modern efforts to use commissions to revise the constitution, and the emergence of the new judicial federalism in Ohio. In Part Two, the book contains detailed commentaries on each of the 220+ sections of the constitution, and the commentary on each of the 19 Articles begins with an article-specific introductory essay.

The Ohio State Constitution

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Publisher : Oxford University Press, USA
ISBN 13 : 0199778728
Total Pages : 450 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Ohio State Constitution by : Steven H. Steinglass

Download or read book The Ohio State Constitution written by Steven H. Steinglass and published by Oxford University Press, USA. This book was released on 2011 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Ohio State Constitution, Steven Steinglass and Gino Scarselli provide a comprehensive and accessible resource on the history of constitutional development and law in Ohio. This essential volume begins with an introductory essay outlining the history of the Ohio State Constitution and includes a detailed section-by-section commentary, providing insight and analysis on the case law, politics and cultural changes that have shaped Ohio's governing document. A complete list of all proposed amendments to the Constitution from 1851 to the present and relevant cases are included in easy-to-reference tables along with a bibliographical essay that aids further research. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

Corwin on the Constitution

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Publisher : Cornell University Press
ISBN 13 : 1501741713
Total Pages : 408 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Corwin on the Constitution by : Edward S. Corwin

Download or read book Corwin on the Constitution written by Edward S. Corwin and published by Cornell University Press. This book was released on 2019-06-30 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edward S. Corwin (1878–1963), universally acknowledged to be the most important commentator on the U.S. Constitution in the twentieth century, died before he could write the single definitive work he had planned. Richard Loss has devoted himself to the task of editing a three-volume collection (of which this is the second) of Corwin's major essays on the Constitution. The seventeen essays in Volume II focus on Article III (the judicial article) of the Constitution. They were, in Corwin's judgment, among his most important works. Thus this volume is a sequel both to Volume I, which treated Articles I and II of the Constitution, and to Presidential Power and the Constitution, in which Loss gathered most of Corwin's essays on the presidency. The editor has organized the essays under the headings "The Origins of Judicial Review," "The Development of Judicial Supremacy," "The Exercise of Judicial Review," and "Appraisals of Judicial Review." Each essay is reprinted in its entirety, including footnotes.

The Disability Pendulum

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Publisher : NYU Press
ISBN 13 : 0814716458
Total Pages : 261 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis The Disability Pendulum by : Ruth Colker

Download or read book The Disability Pendulum written by Ruth Colker and published by NYU Press. This book was released on 2005-05 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Disability Pendulum chronicles societal views and court reactions to the evolving ADA.

Disabled Education

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Publisher : NYU Press
ISBN 13 : 081470848X
Total Pages : 294 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Disabled Education by : Ruth Colker

Download or read book Disabled Education written by Ruth Colker and published by NYU Press. This book was released on 2013-05-13 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enacted in 1975, the Education for All Handicapped Children Act – now called the Individuals with Disabilities Education Act (IDEA) provides all children with the right to a free and appropriate public education. On the face of it, the IDEA is a shining example of law’s democratizing impulse. But is that really the case? In Disabled Education, Ruth Colker digs deep beneath the IDEA’s surface and reveals that the IDEA contains flaws that were evident at the time of its enactment that limit its effectiveness for poor and minority children. Both an expert in disability law and the mother of a child with a hearing impairment, Colker learned first-hand of the Act’s limitations when she embarked on a legal battle to persuade her son’s school to accommodate his impairment. Colker was able to devote the considerable resources of a middle-class lawyer to her struggle and ultimately won, but she knew that the IDEA would not have benefitted her son without her time-consuming and costly legal intervention. Her experience led her to investigate other cases, which confirmed her suspicions that the IDEA best serves those with the resources to advocate strongly for their children. The IDEA also works only as well as the rest of the system does: struggling schools that serve primarily poor students of color rarely have the funds to provide appropriate special education and related services to their students with disabilities. Through a close examination of the historical evolution of the IDEA, the actual experiences of children who fought for their education in court, and social science literature on the meaning of “learning disability,” Colker reveals the IDEA’s shortcomings, but also suggests ways in which resources might be allocated more evenly along class lines.

The Public Insult Playbook

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Publisher : Univ of California Press
ISBN 13 : 0520343816
Total Pages : 276 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis The Public Insult Playbook by : Ruth Colker

Download or read book The Public Insult Playbook written by Ruth Colker and published by Univ of California Press. This book was released on 2021-10-26 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The rules of the public discourse game have changed, and this book argues that the political left needs to account for the power of vitriol in crafting their theories for social and political change. Ruth Colker offers insights into how public insults have come to infect contemporary public discourse (a technique not invented by but certainly refined by Donald Trump) and, importantly, highlights lessons learned and tools for fighting back. Public insults act as a headwind and dead weight to structural reform. By showcasing the power of insults across a number of civil rights battlegrounds, Colker uncovers the structural nature of personal attacks, and offers a blueprint for a legal and political strategy that anticipates the profound but poorly understood damage they can inflict to whole movements. The book catalogues how public insults have been used against people with disabilities, immigrants, pregnant women, women seeking abortions, women who are sexually harassed, members of the LGBTQ community and, of course, Black Americans. These examples demonstrate both the pervasiveness of the deployment of insults by the political right and the ways in which the left has been caught flat-footed by this tactic. She then uses the Black Lives Matter movement as a case study to consider how to effectively counter these insults and maintain an emphasis on structural reform"--

That Third Guy

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Publisher : University of Wisconsin Pres
ISBN 13 : 0299317102
Total Pages : 324 pages
Book Rating : 4.2/5 (993 download)

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Book Synopsis That Third Guy by : Sigizmund Krzhizhanovsky

Download or read book That Third Guy written by Sigizmund Krzhizhanovsky and published by University of Wisconsin Pres. This book was released on 2018-08-07 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I. Krzhizhanovsky on theater -- Part II. That third guy -- Part III. Krzhizhanovsky on Shaw and Shakespeare -- Part IV. Krzhizhanovsky on Pushkin.

When is Separate Unequal?

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Publisher : Cambridge University Press
ISBN 13 : 1139474707
Total Pages : 297 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis When is Separate Unequal? by : Ruth Colker

Download or read book When is Separate Unequal? written by Ruth Colker and published by Cambridge University Press. This book was released on 2008-11-17 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book does not start from the premise that separate is inherently unequal. Writing from an 'anti-subordination perspective', Professor Colker provides a framework for the courts and society to consider what programs or policies are most likely to lead to substantive equality for individuals with disabilities. In some contexts, she argues for more tolerance of disability-specific programs and, in other contexts, she argues for more disability-integrated programs. Her highly practical investigation includes the topics of K-12 education, higher education, employment, voting, and provision of health care. At the end of the book, she applies this perspective to the racial arena, arguing that school districts should be given latitude to implement more use of racial criteria to attain integrated schools because such environments are most likely to help attain substantive equality from an anti-subordination perspective. The book measures the attainment of equality not on the basis of worn-out mantras but instead on the basis of substantive gains.

Preserving the Constitution

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Publisher : Fordham Univ Press
ISBN 13 : 9780823225545
Total Pages : 342 pages
Book Rating : 4.2/5 (255 download)

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Book Synopsis Preserving the Constitution by : Michael Les Benedict

Download or read book Preserving the Constitution written by Michael Les Benedict and published by Fordham Univ Press. This book was released on 2006 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Americans' ideas about constitutional liberty played a crucial role in the history of Reconstruction. They provided the basis for the Republican program of equal rights; ironically, they also set the limits to that program and reduced the prospects for its success. Americans were as concerned with preserving the Constitution as they were with changing it to protect liberty and equal rights. These two commitments were in profound tension. The question was how one could change the constitutional system to fulfill the promise of the Declaration of Independence--to entrench a republic dedicated to liberty instead of slavery--and yet preserve the essentials of federalism and local democracy. Almost 150 years later we still struggle with these problems." --Michael Les Benedict, from the Introduction Historians and legal scholars continue to confront the failure of Reconstruction, exploring the interaction of pervasive racism with widespread commitments to freedom and equality. In this important book, one of America's leading historians confronts the constitutional politics of the period from the end of the Civil War until 1877. Benedict updates ten of his classic essays that explore the way Republicans tried to replace the slaveholding republic with a nation dedicated to freedom and equality of basic legal and political rights--and how Americans' constitutional commitments, and those of Republicans themselves, limited reform. Expertly bridging legal, political, party history, the essays explore the fate of the Thirteenth, Fourteenth, and Fifteenth Amendments, as well as the struggle between President and Congress over the course of Reconstruction. Brought together for the first time with a new introduction, and revised to reflect emerging scholarship, the essays are essential points of departure for students and scholars in history, law, and political science.

How to Hide an Empire

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Publisher : Farrar, Straus and Giroux
ISBN 13 : 0374715122
Total Pages : 382 pages
Book Rating : 4.3/5 (747 download)

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Book Synopsis How to Hide an Empire by : Daniel Immerwahr

Download or read book How to Hide an Empire written by Daniel Immerwahr and published by Farrar, Straus and Giroux. This book was released on 2019-02-19 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Named one of the ten best books of the year by the Chicago Tribune A Publishers Weekly best book of 2019 | A 2019 NPR Staff Pick A pathbreaking history of the United States’ overseas possessions and the true meaning of its empire We are familiar with maps that outline all fifty states. And we are also familiar with the idea that the United States is an “empire,” exercising power around the world. But what about the actual territories—the islands, atolls, and archipelagos—this country has governed and inhabited? In How to Hide an Empire, Daniel Immerwahr tells the fascinating story of the United States outside the United States. In crackling, fast-paced prose, he reveals forgotten episodes that cast American history in a new light. We travel to the Guano Islands, where prospectors collected one of the nineteenth century’s most valuable commodities, and the Philippines, site of the most destructive event on U.S. soil. In Puerto Rico, Immerwahr shows how U.S. doctors conducted grisly experiments they would never have conducted on the mainland and charts the emergence of independence fighters who would shoot up the U.S. Congress. In the years after World War II, Immerwahr notes, the United States moved away from colonialism. Instead, it put innovations in electronics, transportation, and culture to use, devising a new sort of influence that did not require the control of colonies. Rich with absorbing vignettes, full of surprises, and driven by an original conception of what empire and globalization mean today, How to Hide an Empire is a major and compulsively readable work of history.

Democracy’s Chief Executive

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Publisher : Univ of California Press
ISBN 13 : 0520380908
Total Pages : 319 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Democracy’s Chief Executive by : Peter M Shane

Download or read book Democracy’s Chief Executive written by Peter M Shane and published by Univ of California Press. This book was released on 2022-05-10 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal scholar Peter M. Shane confronts U.S. presidential entitlement and offers a more reasonable way of conceptualizing our constitutional presidency in the twenty-first century. In the eyes of modern-day presidentialists, the United States Constitution’s vesting of “executive power” means today what it meant in 1787. For them, what it meant in 1787 was the creation of a largely unilateral presidency, and in their view, a unilateral presidency still best serves our national interest. Democracy’s Chief Executive challenges each of these premises, while showing how their influence on constitutional interpretation for more than forty years has set the stage for a presidency ripe for authoritarianism. Democracy’s Chief Executive explains how dogmatic ideas about expansive executive authority can create within the government a psychology of presidential entitlement that threatens American democracy and the rule of law. Tracing today’s aggressive presidentialism to a steady consolidation of White House power aided primarily by right-wing lawyers and judges since 1981, Peter M. Shane argues that this is a dangerously authoritarian form of constitutional interpretation that is not even well supported by an originalist perspective. Offering instead a fresh approach to balancing presidential powers, Shane develops an interpretative model of adaptive constitutionalism, rooted in the values of deliberative democracy. Democracy’s Chief Executive demonstrates that justifying outcomes explicitly based on core democratic values is more, not less, constraining for judicial decision making—and presents a model that Americans across the political spectrum should embrace.

The Constitution Besieged

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Publisher : Duke University Press
ISBN 13 : 9780822316428
Total Pages : 336 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis The Constitution Besieged by : Howard Gillman

Download or read book The Constitution Besieged written by Howard Gillman and published by Duke University Press. This book was released on 1993 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution Besieged offers a compelling reinterpretation of one of the most notorious periods in American constitutional history. In the decades following the Civil War, federal and state judges struck down as unconstitutional a great deal of innovative social and economic legislation. Scholars have traditionally viewed this as the work of a conservative judiciary more interested in promoting laissez-faire economics than in interpreting the Constitution. Howard Gillman challenges this scholarly orthodoxy by showing how these judges were in fact observing a long-standing constitutional prohibition against "class legislation." By reviewing unfamiliar state cases and legal commentary, and by providing fresh interpretations of familiar Supreme Court cases, Gillman uncovers a fascinating - and long forgotten - legal tradition. In this richly textured historical narrative, we see how American judges once worked to insure that legislative power be used only to promote the public good, and not to benefit certain classes or burden their market competitors. Beyond shedding new light on this jurisprudence, Gillman also links it to larger debates in the political system, debates traced to concerns about factional politics expressed by the country's founders and to the Jacksonian assault on special privileges. This tradition came under siege with the intensification of class conflict at the turn of the century, and Gillman carefully documents its demise. He details how industrialization undermined assumptions about the fairness of capitalist social relations, and how this led increasing numbers of people to question the requirement that the state remain neutral in matters of class conflict - thus leaving it to a stalwart judiciary to protect "a Constitution besieged." A major contribution to an understanding of this important period in the history of the Supreme Court, Gillman's work stands as a landmark in revisionist accounts of the "Lochner era." Gillman's study represents the kind of paradigm-shift that will undoubtedly affect a wide range of scholarly activity for some time to come. The broad scope of this work makes it essential reading for those interested in American political thought, the development of the American state, the relationship between law and social change, and contemporary debates about the original intent of the framers of the Constitution and the proper role of the judiciary in American politics.

Keeping Faith with the Constitution

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Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu

Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

The Constitution in Jeopardy

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Publisher : Hachette UK
ISBN 13 : 1541701542
Total Pages : 316 pages
Book Rating : 4.5/5 (417 download)

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Book Synopsis The Constitution in Jeopardy by : Russ Feingold

Download or read book The Constitution in Jeopardy written by Russ Feingold and published by Hachette UK. This book was released on 2022-08-30 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: A former U.S. senator joins a legal scholar to examine a hushed effort to radically change our Constitution, offering a warning and a way forward. Over the last two decades, a fringe plan to call a convention under the Constitution's amendment mechanism—the nation's first ever—has inched through statehouses. Delegates, like those in Philadelphia two centuries ago, would exercise nearly unlimited authority to draft changes to our fundamental law, potentially altering anything from voting and free speech rights to regulatory and foreign policy powers. Such a watershed moment would present great danger, and for some, great power. In this important book, Feingold and Prindiville distill extensive legal and historical research and examine the grave risks inherent in this effort. But they also consider the role of constitutional amendment in modern life. Though many focus solely on judicial and electoral avenues for change, such an approach is at odds with a cornerstone ideal of the Founding: that the People make constitutional law, directly. In an era defined by faction and rejection of long-held norms, The Constitution in Jeopardy examines the nature of constitutional change and asks urgent questions about what American democracy is, and should be.

A Comparative View of the Constitutions of the Several States with Each Other

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Publisher :
ISBN 13 :
Total Pages : 154 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis A Comparative View of the Constitutions of the Several States with Each Other by : William Loughton Smith

Download or read book A Comparative View of the Constitutions of the Several States with Each Other written by William Loughton Smith and published by . This book was released on 1832 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt:

51 Imperfect Solutions

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Publisher : Oxford University Press
ISBN 13 : 0190866063
Total Pages : 297 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis 51 Imperfect Solutions by : Judge Jeffrey S. Sutton

Download or read book 51 Imperfect Solutions written by Judge Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2018-05-07 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.