
1. Introduction -- 2. American Constitutionalism: A Second Source Of Power Comes With Dual Constraints On That Power -- 3. Equality And Adequacy Of School Funding -- 4. Search And Seizure: The Exclusionary Rule -- 5. Compelled Sterilization -- 6. Free Speech, Free Exercise Of Religion, And Freedom From Mandatory Flag Salutes -- 7. Looking Forward: What The State Courts Can Do -- 8. Looking Forward: What The Rest Of The Legal Community Can Do -- 9. Epilogue. Jeffrey S. Sutton. Includes Bibliographical References And Index. Electronic Reproduction. Ann Arbor, Mi Available Via World Wide Web.
This book investigates the often-overlooked role of state constitutions in shaping American legal rights and the development of constitutional law. Jeffrey S. Sutton, a judge on the United States Court of Appeals for the Sixth Circuit, utilizes his extensive judicial experience to argue that state courts possess the authority to provide broader protections than those guaranteed by the federal Constitution. He posits that the American system of dual sovereignty is intended to be a collaborative effort rather than a federal monopoly on rights.
What You Will Find
Scope Limits
Legal scholars and practitioners frequently cite this work as a foundational text for understanding the importance of state-level judicial independence. Experts highlight the clarity of the prose and the practical utility of the author's arguments for modern litigation.
Page Count:
288
Publication Date:
2018-01-01
Publisher:
Oxford University Press,
ISBN-10:
0190866055
ISBN-13:
9780190866051
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