Who Decides

Book excerpt: In Who Decides, Jeffrey S. Sutton makes the case 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 establishing the structure of our 51 American governments. 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 liberty. Sutton aims to correct this imbalance and to illustrate the virtues of federalism for all Americans and for all pressing matters of government.