Enhancing the Role of States in Making Constitutional Law

Jeffrey S. Sutton, 51 Imperfect Solutions: States and the Making of American Constitutional Law (2018). James E. Pfander Jeffrey Sutton has much to teach us about the role of courts, state and federal, in making constitutional law. Sutton, well-known for his work as a judge on the United States Court of Appeals for the Sixth Circuit, has drawn on years of experience and research in this book-length rumination on the way state courts (and constitutions) can contribute to constitutionalism more broadly. Sutton served for some years as the solicitor general of Ohio, and knows the joys and heart-breaks of state constitutionalism first hand. Indeed, among the many happy turns of phrase in the book, one finds Sutton (many years after the fact) wistfully pursuing motions to reconsider the adverse decisions that most set his teeth on edge. Sutton approaches his task with a deep appreciation of modern constitutionalism and an eye and ear for storytelling keen enough to…

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