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Free Thoughts

What are State Constitutions Good for? (with Hon. Jeffrey Sutton)

Nov 16, 2018
54:23

Honorable Jeffrey S. Sutton is a judge for the United States Court of Appeals in the Sixth Circuit. His book 51 Imperfect Solutions is framed around four stories which he uses to illustrate the interplay between state and federal constitutions. The four stories are; school funding, the exclusionary rule, eugenics, and mandatory flag salutes. Sutton believes that many of the state constitutions are actually closer to codes than constitutions. Many states have constitutions that are so long that most residents of that state have not read them in their entirety. The original states have much smaller constitutions that are rather similar in tone and language to the federal Constitution.

What is the interplay between the federal Constitution and the state constitution? What is the exclusionary rule? What role should the state play in comparison to the federal government? Do states know best when it comes to funding education? Is the Supreme Court always “right” when it comes to interpreting the Constitution?

Further Reading:

The United States Once Sterilized Tens of Thousands — Here’s How the Supreme Court Allowed It, written by Trevor Burrus

51 Imperfect Solutions, written by Hon. Jeffrey S. Sutton

Related Content:

Constitutional Controversies, written George H. Smith

The Constitution in Practice: From Liberty to Leviathan, Free Thoughts Podcast

The Conscience of the Constitution, Free Thoughts Podcast



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