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America's Unwritten Constitution
Akhil Reed Amar
The Precedents and Principles We Live By
Basic Books
September 2012
On Sale: September 11, 2012
615 pages
ISBN: 0465029574
EAN: 9780465029570
Kindle: B008EMEI04
Hardcover / e-Book
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Non-Fiction
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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