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America's Unwritten Constitution: The Precedents and Principles We Live By
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Despite its venerated place atop American law and politics, our written Constitution does not enumerate all of the rules and rights, principles and procedures that actually govern modern America. The document makes no explicit mention of cherished concepts like the separation of powers and the rule of law. On some issues, the plain meaning of the text misleads. For example, the text seems to say that the vice president presides over his own impeachment trial-but surely this cannot be right. As esteemed legal scholar Akhil Reed Amar explains in America's Unwritten Constitution, the solution to many constitutional puzzles lies not solely within the written document, but beyond it-in the vast trove of values, precedents, and practices that complement and complete the terse text.In this sequel to America's Constitution: A Biography, Amar takes readers on a tour of our nation's unwritten Constitution, showing how America's foundational document cannot be understood in textual isolation. Proper constitutional interpretation depends on a variety of factors, such as the precedents set by early presidents and Congresses; common practices of modern American citizens; venerable judicial decisions; and particularly privileged sources of inspiration and guidance, including the Federalist papers, William Blackstone's Commentaries on the Laws of England, the Northwest Ordinance of 1787, Lincoln's Gettysburg Address, and Martin Luther King, Jr.'s "I Have a Dream" speech. These diverse supplements are indispensible instruments for making sense of the written Constitution. When used correctly, these extra-textual aids support and enrich the written document without supplanting it.An authoritative work by one of America's preeminent legal scholars, America's Unwritten Constitution presents a bold new vision of the American constitutional system, showing how the complementary relationship between the Constitution's written and unwritten components is one of America's greatest and most enduring strengths.
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Product details
Paperback: 640 pages
Publisher: Basic Books; 1 edition (January 6, 2015)
Language: English
ISBN-10: 0465064906
ISBN-13: 978-0465064908
Product Dimensions:
6 x 1.9 x 9.2 inches
Shipping Weight: 1.7 pounds (View shipping rates and policies)
Average Customer Review:
4.4 out of 5 stars
54 customer reviews
Amazon Best Sellers Rank:
#436,363 in Books (See Top 100 in Books)
Like another reviewer here, I bought this Kindle book on the strength of Akhil Reed Amar's other book, "America's Constitution: A Biography." Er, no problem with the use of "America" in either of these titles. These two books really should be read sequentially, starting with Biography. In Biography, Reed goes word for word through the "terse text." In Unwritten, he shows how the various Constitutions -- implicit, lived, symbolic, etc. -- flesh out and strengthen the words of the document itself.While reading this book I was mulling the thought of subtracting a star due to a tendency of the author to get a little too far down in the weeds. And then I came to Chapter 6, "Honoring the Icons: America's Symbolic Constitution." This chapter examines six texts -- no spoilers here but at least one of them will surprise you -- that illustrate not just the Constitution but what it means to be an American. Another part of this chapter -- on the three Supreme Court cases that deserve to be in the SCOTUS Hall of Shame (my words, not his) is similarly insightful. This chapter is worth being issued as a Kindle-single edition.Akhil Reed Amar's writing throughout is lawyerly but elegant (check out the Look Inside feature to confirm). The book is written for a layperson, not a lawyer, with ample, clear definitions of important terms. Yes, Amar should be on the Supreme Court. Maybe he's been asked, but why would he give up a tenured gig at Yale to come down to Washington, even if a seat on the Supreme Court is tenured as well?Buy both of these books and read them carefully. You will emerge with a greater understanding of the document and our society. And speaking of Biography, I've given my hard-copy version to a friend and replacing it with the Kindle version. Both books deserve re-reading.
In his follow up to America’s Constitution: A Biography, Professor Amar explores the vague parts of the Constitution and how it has worked in our history. As we know from our history, the Constitution itself is a framework for the government to work in. Much of what constitutes our working system of government was devised after the ratification of the Constitution and is at times like Professor Amar states, unwritten. He also used this book as the foundation text for a course on the Coursera MOOC platform in which he gave lectures on each chapter. The course and the book worked well together in presenting a view of America’s legal system which we often do not understand. The book is a very good book although it is a bit of a dry read at times. Legal students will fare very well with the book as will graduate students or students studying legal history. I definitely would not assign this to first or second year undergraduates as a standalone work. For a course on the Constitution it would be useful when used in conjunction with its twin. The concepts of the unwritten Constitution can be difficult to perceive, but they definitely exist. This is where students will have some difficulty in developing an understanding. Politically, the book seems to work its way down the middle. Amar makes no major against the grain stances against the Supreme Court and its rulings such as Citizen’s United, etc. He does address exclusionary evidence and how some majority opinions seem to have been correct, but used the wrong precedents in establishing the legality of them. He offers no wild-eyed sermons on modern political thought, but instead works within the confines of the established legal system and thought. I found that to be refreshing. Amar himself has been an expert witness in congressional hearings and has been cited by the Supreme Court itself in its rulings. As a professor of law at Yale, Harvard, and Pepperdine, his research into the Constitution and America’s legal system has enabled him to enjoy a somewhat privileged view of the Constitution in both its purpose in 1787 through today and its application in the future. I found it interesting that he pointed out far more possibilities under the Constitution than impossibilities. Some of the things he brought up were certainly plausible whether I liked the idea of them or not. That was refreshing. Amar’s exploration of the precedents involved in our system of government is something that is worth considering. The use of Blackstone’s legal texts is just as relevant today as they were in 1787. That is something I had never considered, but something that Amar as a legal scholar would obviously see as critical to our understanding of the law. That is why having multiple perspectives from experts helps as more minds are searching for answers to present to us. All in all, while not a five star book, this is definitely more than a four star volume.
Essential reading for an understanding of our Constitution and our laws. Do you have a Consititutional right to own a dog? To mow your grass? To wear a hat? Of course you do. But I dare you to show me where in the document your rights are outlined. This book explains that and SO much more. I wish everyone who loves to spout about their Constitutional rights would read this first and actually understand what they are and where they come from. Should be mandatory reading before you're allowed to graduate high school. Alas....
I am a fan of Akhil Reed Amar who has clarified for ma a lot of points of the American constitution and Constitutional history, my hobby since retirement. He has been kind enough, even with his duties as Professor at Yale, to answer a question I dared ask him by email This is not to be construed as an encouragement to every one of his readers to bombard him with questions. One abusive reader is enough.
I am taking Professor Amar's Constitutional Law course from Yale University as a MOOC through Coursera. Buying this text was optional for the course but I am very pleased that I did. After 9 weeks of class, I am thoroughly convinced that everyone should study the Constitution and read Professor Amar's books - 'America's Unwritten Constitution' and America's Constitution - A Biography' These books are not only text books, they are blue print of where we come from, how we live our everyday lives, and where we are going.
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