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51 Imperfect Solutions
- States and the Making of American Constitutional Law
- Narrated by: David Drummond
- Length: 9 hrs and 14 mins
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Publisher's Summary
When we think of Constitutional law, we invariably think of the US Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, US 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. Â
The audiobook 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 US Supreme Court. But these explanations tell just part of the story. The audiobook 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.
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What listeners say about 51 Imperfect Solutions
Average Customer RatingsReviews - Please select the tabs below to change the source of reviews.
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- Philo
- 06-25-19
Other wellsprings of rights
Sometimes, 51 imperfect (legal) solutions (federal + states) can point to better, wiser outcomes than stopping at one (federal, one-size-fits-all) solution. This is a time when such questions are being reopened, after a 20th century with an ever-growing centralized federal government.
This is a pretty advanced book on rights, legal history and courts' powers. It is written by a judge and seemingly has lawyers as an audience. Given that, it is very interesting and might be very influential.
These are interesting times in our legal system (with all the excitement and foreboding that might engender). Conservative judges are digging back into the texts and reexamining powers of government that have been taken for granted since -- let's say most sharply, about 1936. That is not to say the legal overgrowth (if one so thinks) is merely being chopped away. Let's say the structural parts are being looked at hard by very powerful judges. It is surprising who this may benefit -- it is not merely the script that the powerful help the powerful. This book is another interesting facet of these issues and these times. The author is very thoughtful and by no means a knee-jerk ideologue politically. His judicial temperament runs deep.
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- surya
- 08-19-19
A decent opinion from an established jurist
To be honest, I ought to confess that I purchased this book due to false advertising in the byline. I thought it would be about how constitutional law starts with states and how the 14th federalizes other due process laws. But, this book takes a different broad line showing reasons why people ought to give more weight to their respective state rights. The author takes through 4 different topics where regional decisions would have made less damage.
My takeaways from the book are the facts of the four cases discussed than anything else and the I do concede that there are some merits in the bottom up approach for Constitutional Law. Like Gideon v Wainwright where right to attorney was federalized once enough states picked it up on their own, I concede that states ought to act as the first experimenters and the successful implementations can then be weighed and federalized. But, there are times when we are one country and there are times when we are 50 states. Sometimes a regional solution doesn't provide equality. For example, take Obergfell v Hodges where the facts of the case show that two married couple suddenly find themselves out of matrimony by the whim of states. Even the cases that discussed, it is not universally accepted that Supreme Court did more damage than necessary. Mapp set standard nationwide for Bill of Rights instead of leaving to whims of individual states that can discriminate against minorities. And, the author fails to establish the justification for more weight to state claims. Yes, different states had different approaches to eugenics. This doesn't invalidate the US Supreme Court and having one central repository for the rights is preferable than individuals having to review states' constitutions every time they want to move to a new state. Finally, yes Supreme Court is tied down from interpreting laws broadly while states can experiment. So, I do agree people might have greater chance to win in state courts.
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Impeccably Logical, Backed by 100 Specific Example
- By Amy Eaton on 03-17-23
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The Tempting of America
- The Political Seduction of the Law
- By: Robert H. Bork
- Narrated by: Robert H. Bork
- Length: 3 hrs and 6 mins
- Abridged
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On July 1, 1987, Judge Robert H. Bork was nominated to the Supreme Court by Ronald Reagan - but by October 23 of that year, his confirmation was denied. In this candid account of his experiences, he describes the Senate Judiciary Committee's hearing from his point of view. He also expounds on his view of politics versus the law, which he was able to see in action, close up, during the second half of 1987.
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Bravo
- By Caroline George on 12-22-19
By: Robert H. Bork
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We the People
- A Progressive Reading of the Constitution for the Twenty-First Century
- By: Erwin Chemerinsky
- Narrated by: Peter Berkrot
- Length: 7 hrs and 53 mins
- Unabridged
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From gun control to reproductive health, a conservative Supreme Court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the US Constitution that protects the rights of all people is now.   Â
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Hypocritical evaluation of the constitution
- By surya on 03-23-19
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Uncertain Justice
- The Roberts Court and the Constitution
- By: Laurence Tribe, Joshua Matz
- Narrated by: Holter Graham
- Length: 15 hrs and 25 mins
- Unabridged
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From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution.
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An unbias view of the Court
- By Jean on 07-14-14
By: Laurence Tribe, and others
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The Court and the World
- American Law and the New Global Realities
- By: Stephen Breyer
- Narrated by: Stephen Breyer
- Length: 12 hrs and 37 mins
- Unabridged
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In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of SCOTUS in an increasingly interconnected world, a world in which all sorts of public and private activity - from the conduct of national security policy to the conduct of international trade - obliges the Court to consider and understand circumstances beyond America's borders. At a time when ordinary citizens may book international lodging directly through online sites, it has become clear that judicial awareness can no longer stop at the water's edge.
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Thought-provoking
- By Jean on 09-24-15
By: Stephen Breyer
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The Supremes' Greatest Hits, 2nd Revised & Updated Edition
- The 44 Supreme Court Cases That Most Directly Affect Your Life
- By: Michael G. Trachtman
- Narrated by: Jonathan Yen
- Length: 7 hrs and 20 mins
- Unabridged
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The Supreme Court's rulings have shaped American life and justice and allowed Americans to retain basic freedoms such as privacy, free speech, and the right to a fair trial. This revised and updated edition of Michael G. Trachtman's riveting work includes 10 important cases from 2010 to 2015.   Â
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Nice review overall.
- By "freeindeed4ever" on 02-10-20
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Supreme Power
- 7 Pivotal Supreme Court Decisions That Had a Major Impact on America
- By: Ted Stewart
- Narrated by: Art Allen
- Length: 7 hrs and 40 mins
- Unabridged
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Best-selling author Ted Stewart explains how the Supreme Court and its nine appointed members now stand at a crucial point in their power to hand down momentous and far-ranging decisions. Today's Court affects every major area of American life, from health care to civil rights, from abortion to marriage. This fascinating book reveals the complex history of the Court as told through seven pivotal decisions.
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Polemical, downright ridiculous at times
- By Joe Igla on 11-04-17
By: Ted Stewart
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The Essential Scalia
- On the Constitution, the Courts, and the Rule of Law
- By: Antonin Scalia, Jeffrey S. Sutton - editor, Edward Whelan - editor, and others
- Narrated by: Christopher Scalia, Karen Commins, Jason Culp
- Length: 12 hrs and 7 mins
- Unabridged
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A justice on the United States Supreme Court for three decades, Antonin Scalia transformed the way that judges, lawyers, and citizens think about the law. The Essential Scalia presents Justice Scalia on his own terms, allowing listeners to understand the reasoning and insights that made him one of the most consequential jurists in American history. Known for his forceful intellect and remarkable wit, Scalia mastered the art of writing in a way that both educated and entertained.
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Great read to introduce Scalia's thought
- By Walter J. Caywood on 10-22-20
By: Antonin Scalia, and others
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A Republic, If You Can Keep It
- By: Neil Gorsuch
- Narrated by: Neil Gorsuch
- Length: 11 hrs and 52 mins
- Unabridged
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Justice Gorsuch draws on his 30-year career as a lawyer, teacher, judge, and justice to explore essential aspects our Constitution, its separation of powers, and the liberties it is designed to protect. He discusses the role of the judge in our constitutional order, and why he believes that originalism and textualism are the surest guides to interpreting our nation’s founding documents and protecting our freedoms. He explains, too, the importance of affordable access to the courts in realizing the promise of equal justice under law.
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In present political climate crucially important!
- By Amazon Customer on 09-18-19
By: Neil Gorsuch
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Active Liberty
- Interpreting Our Democratic Constitution
- By: Stephen Breyer
- Narrated by: Stephen Breyer
- Length: 3 hrs and 35 mins
- Unabridged
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First published in September 2005 and based on a series of lectures delivered at Harvard, Active Liberty is a tight, extremely readable, almost memoir-like guide to interpreting the Constitution. Written by a justice of the Supreme Court, it focuses on a pragmatic approach to this great document that may become crucial as the Supreme Court faces deeply divisive decisions.
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Engaging, If Somewhat Dense
- By Maki on 09-04-07
By: Stephen Breyer
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Power Divided Is Power Checked
- The Argument for States' Rights
- By: Jason Lewis
- Narrated by: Jason Lewis
- Length: 3 hrs and 45 mins
- Unabridged
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Jason Lewis reminds us that the concept of states' rights, as bequeathed by the Founding Fathers to a grateful nation, was about a constitutional framework intended to limit the missteps of government and provide the greatest amount of freedom by not allowing the consolidation of power in the nation's capitol. He defines the essence of our constitutional republic and highlights the legal history of the relationship between the states and the federal government.
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Excellent
- By Anonymous User on 10-03-22
By: Jason Lewis
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Men in Black
- How the Supreme Court is Destroying America
- By: Mark R. Levin
- Narrated by: Jeff Riggenbach
- Length: 7 hrs and 55 mins
- Unabridged
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The Supreme Court endorses terrorists' rights, flag burning, and importing foreign law. Is that in the Constitution? You're right: it's not. But these days the Constitution is no restraint on our out-of-control Supreme Court. The Court imperiously strikes down laws and imposes new ones purely on its own arbitrary whims. Even though liberals like John Kerry are repeatedly defeated at the polls, the majority on the allegedly "conservative" Supreme Court reflects their views and wields absolute power.
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A mockery of everything this country stands for!
- By Ricardo on 04-01-05
By: Mark R. Levin
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The Constitution Today
- Timeless Lessons for the Issues of Our Era
- By: Akhil Reed Amar
- Narrated by: Mike Chamberlain
- Length: 19 hrs and 41 mins
- Unabridged
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When the stories that lead our daily news involve momentous constitutional questions, present-minded journalists and busy citizens cannot always see the stakes clearly. In The Constitution Today, Akhil Reed Amar, America's preeminent constitutional scholar, considers the biggest and most bitterly contested debates of the last two decades. He shows how the Constitution's text, history, and structure are a crucial repository of collective wisdom, providing specific rules and grand themes relevant to every organ of the American body politic.
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Amar is a Brilliant Arguer
- By MJ Schirmer on 11-16-16
By: Akhil Reed Amar
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Six Amendments
- How and Why We Should Change the Constitution
- By: John Paul Stevens
- Narrated by: Daniel Hagen
- Length: 3 hrs and 26 mins
- Unabridged
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By the time of his retirement in June 2010, John Paul Stevens had become the second-longest-serving Justice in the history of the Supreme Court. Now he draws upon his more than three decades on the Court, during which he was involved with many of the defining decisions of the modern era, to offer a book like none other. Six Amendments is an absolutely unprecedented call to arms, detailing six specific ways in which the Constitution should be amended in order to protect our democracy and the safety and wellbeing of American citizens.
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Makes a Strong Case
- By Ray on 09-11-14