Synopses & Reviews
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 trialand#151;but surely this cannot be right. As esteemed legal scholar Akhil Reed Amar explains in
Americaand#8217;s Unwritten Constitution, the solution to many constitutional puzzles lies not solely within the written document, but beyond itand#151;in the vast trove of values, precedents, and practices that complement and complete the terse text.
In this sequel to Americaand#8217;s Constitution: A Biography, Amar takes readers on a tour of our nationand#8217;s unwritten Constitution, showing how Americaand#8217;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 Blackstoneand#8217;s Commentaries on the Laws of England, the Northwest Ordinance of 1787, Lincolnand#8217;s Gettysburg Address, and Martin Luther King, Jr.and#8217;s and#147;I Have a Dreamand#8221; 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 Americaand#8217;s preeminent legal scholars, Americaand#8217;s Unwritten Constitution presents a bold new vision of the American constitutional system, showing how the complementary relationship between the Constitutionand#8217;s written and unwritten components is one of Americaand#8217;s greatest and most enduring strengths.
Review
Laurence H. Tribe, Carl M. Loeb University Professor and Professor of Constitutional Law, Harvard Law School
“Akhil Amar’s splendid new book, America’s Unwritten Constitution, combines an unmatched eye for detail with a unique capacity for overarching perspective and masterfully elegant synthesis. It is a wonderfully readable companion to Amar’s unparalleled earlier volume, America’s Constitution: A Biography. Together, these two works convey as little else can the majesty and sweep of America’s constitutional project.”
Ken Starr, President of Baylor University; Solicitor General of the United States, 1989-1993; Independent Counsel, 1994-1999
“In America’s Unwritten Constitution, Professor Amar adds to his already masterful bibliography what will instantly become a classic examination of constitutional law. As the Constitution itself stood in need of a seminal biography, so too the vast and varied domain of our Nation’s constitutional law cried out for a guidebook. Professor Amar has now brilliantly provided both.”
Review
Washington Postand#147;In Americaand#8217;s Unwritten Constitution, Akhil Reed Amar aims high and has produced a masterful, readable book that constitutes one of the best, most creative treatments of the U.S. Constitution in decades.... [The book] is filled with thought-provoking material and fun vignettes, suitable for a wide audience.... Amarand#8217;s approach is refreshingand#133;. Amar makes a creative case that Americaand#8217;s written Constitution and its unwritten Constitution, since the beginning of the nation, have fit snugly together to form a single, more perfect union.and#8221;
Wall Street Journal
and#147;Akhil Reed Amar is a rarity: a progressive law professor who is unafraid of the text of the Constitution.... In his ambitious new book, Americaand#8217;s Unwritten Constitution, he examines the paradox of needing to go beyond the text in order to faithfully follow the text.... His is a and#145;holisticand#8217; interpretation, one that rejects reading passages or clauses of the text in isolation from the document as a whole. He is masterfully creative in finding overarching themes that tie the disparate clauses together in novel and sometimes counterintuitive ways.... A highly engaging and thought-provoking book.and#8221;
New York Times Book Review
and#147;In Americaand#8217;s Unwritten Constitution, Akhil Reed Amar, a commendably unorthodox and, in some ways, iconoclastic constitutional scholar at Yale Law School, bucks dominant opinions on both sides of the political spectrum. He contends that the written Constitution points to an unwritten one, and he argues that we can interpret with both intellectual honesty and analytical rigor.and#8221;
Boston Globe
and#147;The Constitution has been described as both binding law and aspirational treatise.... Akhil Amar, a Yale law professor and one of contemporary Americaand#8217;s most brilliant constitutional scholars, [suggests] in his latest, and best, book, Americaand#8217;s Unwritten Constitution, that the issue is not an and#145;either-orand#8217; question.... As a lawyer and constitutional rights activist, I cannot imagine how anybody who cares about the law, and justice, which are not always the same thing, could fail to place this important book at the very top of the must-read list. Itand#8217;s a gem.and#8221;
Commonweal
and#147;Americaand#8217;s Unwritten Constitution is full of fascinating history, as well as novel and often persuasive analysis.... An ambitious book, and an impressive one. It tackles many of the most important and controversial issues in constitutional law. Amarand#8217;s arguments are uniformly informative and ingenious.... This book demonstrates with force and clarity that the relation between authoritative written texts of the past and conceptions and practices that have developed over time is a central concern not only of religious doctrine but also of secular law.and#8221;
The Federal Lawyer
and#147;[An] ambitious work.... Amarand#8217;s great contribution is to relate some of the great thematic developments of constitutional history to the words of the Constitution itself.... Americaand#8217;s Unwritten Constitution is not a treatise intended to guide legal practitioners or political scientists. Its aim is the more majestic one of articulating some of the grand underlying themes of American constitutional law and grounding them in the constitutional text. It aspires to be what Thucydides called and#145;a possession for all time,and#8217; and it succeeds. Readers today, as well as those of future generations, will read it to their profit.and#8221;
Laurence H. Tribe, Carl M. Loeb University Professor and Professor of Constitutional Law, Harvard Law School
and#147;Akhil Amarand#8217;s splendid new book, Americaand#8217;s Unwritten Constitution, combines an unmatched eye for detail with a unique capacity for overarching perspective and masterfully elegant synthesis. It is a wonderfully readable companion to Amarand#8217;s unparalleled earlier volume, Americaand#8217;s Constitution: A Biography. Together, these two works convey as little else can the majesty and sweep of Americaand#8217;s constitutional project.and#8221;
Ken Starr, President of Baylor University; Solicitor General of the United States, 1989-1993; Independent Counsel, 1994-1999
and#147;In Americaand#8217;s Unwritten Constitution, Professor Amar adds to his already masterful bibliography what will instantly become a classic examination of constitutional law. As the Constitution itself stood in need of a seminal biography, so too the vast and varied domain of our Nationand#8217;s constitutional law cried out for a guidebook. Professor Amar has now brilliantly provided both.and#8221;and#160;
Richard Brookhiser, author of James Madison
and#147;Akhil Amar brings the patience of a historian, the ardor of a lover, and (yes, sometimes) the panache of a conjurer to Americaand#8217;s unwritten Constitution. If you want to argue with him, you will have to summon all these qualities yourself. This is a serious and provocative book.and#8221;
Steven G. Calabresi, Class of 1940 Research Professor, Northwestern University School of Law; Co-Founder of the Federalist Society
and#147;This book is brilliant, creative, ambitious, comprehensive, imaginative, and thought-provoking. It is a must-read for anyone interested in Constitutional Law.and#8221;and#160;
Nadine Strossen, Former President, American Civil Liberties Union; Professor, New York Law School
and#147;This is an engrossing, epicand#160;work of enduring importanceand#151;not only a treasure trove for scholars of American law, history, and politics, but also an inspiring, empoweringand#160; guidebook for activists. It compellingly demonstrates how to harness the Constitutionand#8217;s full meaning in order to promote its thrilling vision of liberty and justice for all.and#160;No matter what your prior knowledge of this field, and no matter what your ideological perspective, this magnificent book will enhance your understanding and appreciation of our cherished Constitution.and#160;If I had to choose a single work to recommend to either my constitutional law students or my civil libertarian colleagues, this would be it.and#8221;
Kirkus Reviews
and#147;[Amar lays] out his argument in case-by-case details that are scholarly and legalistic but always readable.... [An] ingenious mixture of history, legal anecdotes and hypothetical cases.and#8221;
Publishers Weekly
and#147;Yale law professor Amar follows his highly regarded historical-textual analysis of Americaand#8217;s Constitution with a companion volume on the history, culture, and legal tenets of the and#145;unwritten constitution,and#8217; the traditions and precedents that inform constitutional interpretation.... Sophisticated readers will be rewarded for traveling with Amar as he covers a great deal of ground.and#8221;
Booklist
and#147;Deeply researched and carefully argued, this book is nothing less than a sophisticated and comprehensive theory of constitutional jurisprudence that resists being construed along narrow political lines. Indispensable for law students and scholars, this will also be enjoyed by general readers who are passionate about constitutional law.and#8221;
About the Author
Akhil Reed Amar is the Sterling Professor of Law and Political Science at Yale University, and also occasionally serves as a visiting professor at Harvard, Stanford, Columbia, and Pepperdine Law Schools. Also a member of the American Academy of Arts and Sciences and a Senior Scholar at the National Constitution Center, Amar has written four books and has contributed to prominent publications such as The New York Times, The Washington Post, The Los Angeles Times, The New Republic, and Slate.com. His last book, Americas Constitution: A Biography, won the Silver Gavel Award from the American Bar Association; his previous book, The Bill of Rights: Creation and Reconstruction, was awarded a Silver Gavel Certificate of Merit from the American Bar Association, as well as a Yale University Press Governors Award. Also the winner of a Bator Award from the Federalist Society for Law and Public Policy Studies, Amar is frequently cited by the Supreme Court, and formerly served as a consultant on NBCs The West Wing.
Table of Contents
Introduction1. Reading Between the Lines: Americaand#8217;s Implicit Constitution
2. Heeding the Deed: Americaand#8217;s Enacted Constitution
3. Hearing the People: Americaand#8217;s Lived Constitution
4. Confronting Modern Case Law: Americaand#8217;s and#147;Warrentedand#8221; Constitution
5. Putting Precedent in Its Place: Americaand#8217;s Doctrinal Constitution
6. Honoring the Icons: Americaand#8217;s Symbolic Constitution
7. and#147;Remembering the Ladiesand#8221;: Americaand#8217;s Feminist Constitution
8. Following Washingtonand#8217;s Lead: Americaand#8217;s and#147;Georgianand#8221; Constitution
9. Interpreting Government Practices: Americaand#8217;s Institutional Constitution
10. Joining the Party: Americaand#8217;s Partisan Constitution
11. Doing the Right Thing: Americaand#8217;s Conscientious Constitution
12. Envisioning the Future: Americaand#8217;s Unfinished Constitution
Afterword
Appendix: Americaand#8217;s Written Constitution
Notes
Acknowledgments
Illustration Credits
Index