Who Decides?: States as Laboratories of Constitutional Experimentation

Who Decides is a unique defense of Federalism that argues that constitutional law in America should play a role in assessing the right balance of power among all branches of government. Judge Jeffrey S. Sutton focuses on the constitutional structure of the American states to answer the question of who should decide key public policy questions. He compares state-level governments with the federal government and draws insights from the comparisons. The book makes the case that American Constitutional Law should account for the role of state courts and state constitutions, together with the federal courts and the federal constitution, in assessing the right balance of power.

Format: Hardback
Length: 472 pages
Publication date: 02 February 2022
Publisher: Oxford University Press Inc

A compelling defense of Federalism is presented in the following text, which argues that constitutional law in America, encompassing the systems of all 51 governments, should play a crucial role in assessing the appropriate balance of power among all branches of our state and federal governments.

In the realm of law and politics, power divisions and the perennial question of who decides loom large. The outcome of these disputes often hinges on the decision-maker, as it reveals the entity that governs us. In his book, Who Decides, the esteemed US Appellate Court Judge Jeffrey S. Sutton delves into the constitutional framework of the American states to address the critical question of who should determine the key issues of public policy in our contemporary times. By focusing on the role of governmental structure in shaping power across the 50 American states, Sutton offers a robust explanation of American constitutional law, encompassing its diverse manifestations. Drawing upon insights from his previous book, 51 Imperfect Solutions, which examined how American federalism facilitated the states as laboratories of innovation for safeguarding individual liberty and property rights, Sutton compares state-level governments with the federal government and gleaned valuable insights from these comparisons.

While maintaining some of the central themes from his earlier work, Sutton shifts his focus to structure rather than solely emphasizing individual rights. This approach provides a fresh and insightful perspective on the subject matter. An illuminating and indispensable sequel to his earlier exploration of the nature of American federalism, Who Decides makes a compelling case that American Constitutional Law should account for the role of state courts, state constitutions, federal courts, and the federal constitution. By recognizing the significance of these various institutions, we can better understand the dynamics of power and governance in our nation.

In conclusion, Who Decides offers a thought-provoking exploration of the role of constitutional law in shaping power dynamics and decision-making processes. Through his meticulous analysis of the American states' constitutional frameworks, Judge Sutton provides a valuable contribution to our understanding of American constitutional law and its implications for governance. This book is a must-read for scholars, policymakers, and anyone interested in the dynamics of power and the rule of law in our society.

Weight: 866g
Dimension: 167 x 243 x 39 (mm)
ISBN-13: 9780197582183