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America's Unwritten Constitution: The Precedents and Principles We Live By
Download PDF America's Unwritten Constitution: The Precedents and Principles We Live By
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Review
"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."―Laurence H. Tribe, Carl M. Loeb University Professor and Professor of Constitutional Law, Harvard Law School"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." ―Ken Starr, President of Baylor University; Solicitor General of the United States, 1989-1993; Independent Counsel, 1994-1999"In America'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.... Amar's approach is refreshing.... Amar makes a creative case that America's written Constitution and its unwritten Constitution, since the beginning of the nation, have fit snugly together to form a single, more perfect union."―Washington Post"Akhil Reed Amar is a rarity: a progressive law professor who is unafraid of the text of the Constitution.... In his ambitious new book, America's Unwritten Constitution, he examines the paradox of needing to go beyond the text in order to faithfully follow the text.... His is a 'holistic' 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."―Wall Street Journal"In America'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."―New York Times Book Review"The Constitution has been described as both binding law and aspirational treatise.... Akhil Amar, a Yale law professor and one of contemporary America's most brilliant constitutional scholars, [suggests] in his latest, and best, book, America's Unwritten Constitution, that the issue is not an 'either-or' 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. It's a gem."―Boston Globe"America'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. Amar'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."―Commonweal"[An] ambitious work.... Amar's great contribution is to relate some of the great thematic developments of constitutional history to the words of the Constitution itself.... America'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 'a possession for all time,' and it succeeds. Readers today, as well as those of future generations, will read it to their profit."―The Federal Lawyer"Akhil Amar brings the patience of a historian, the ardor of a lover, and (yes, sometimes) the panache of a conjurer to America'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."―Richard Brookhiser, author of James Madison"This book is brilliant, creative, ambitious, comprehensive, imaginative, and thought-provoking. It is a must-read for anyone interested in Constitutional Law."―Steven G. Calabresi, Class of 1940 Research Professor, Northwestern University School of Law; Co-Founder of the Federalist Society
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About the Author
Akhil Reed Amar is the Sterling Professor of Law and Political Science at Yale University, and also periodically serves as a visiting professor at Harvard, Stanford, Columbia, and Pepperdine Law Schools. Amar is the author of five books, including America's Constitution, which won the Silver Gavel Award from the American Bar Association, and The Bill of Rights. A member of the American Academy of Arts and Sciences and a Senior Scholar at the National Constitution Center, Amar is often cited by the Supreme Court and is a frequent expert witness in Congressional hearings.
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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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