America's Unwritten Constitution : The Precedents and Principles We Live By

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. This Work Explores The Little-understood Relationship Between The Written Constitution And The Many External Factors That Shape The Interpretations Of This Foundational Document. 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 The Author, A Legal Scholar Explains, 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, The Author 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.^ This Work Presents A 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. Reading Between The Lines : America's Implicit Constitution -- Heeding The Deed : America's Enacted Constitution -- Hearing The People : America's Lived Constitution -- Confronting Modern Case Law : America's Warrented Constitution -- Putting Precedent In Its Place : America's Doctrinal Constitution -- Honoring The Icons : America's Symbolic Constitution -- Remembering The Ladies : America's Feminist Constitution -- Following Washington's Lead : America's Georgian Constitution -- Interpreting Government Practices : America's Institutional Constitution -- Joining The Party : America's Partisan Constitution -- Doing The Right Thing : America's Conscientious Constitution -- Envisioning The Future : America's Unfinished Constitution. Akhil Reed Amar. Includes Bibliographical References And Index. 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. "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 the author, a legal scholar explains, 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, the author 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 indispensable instruments for making sense of the written Constitution. When used correctly, these extra-textual aids support and enrich the written document without supplanting it. This work presents a 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."--Jacket Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution Reading between the lines : America's implicit constitution Heeding the deed : America's enacted constitution Hearing the people : America's lived constitution Confronting modern case law : America's "warrented" constitution Putting precedent in its place : America's doctrinal constitution Honoring the icons : America's symbolic constitution "Remembering the ladies" : America's feminist constitution Following Aashington's lead : America's "Georgian" constitution Interpreting government practices : America's institutional constitution Joining the party : America's partisan constitution Doing the right thing : America's conscientious constitution Envisioning the future: America's unfinished constitution.