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

Description

Book Synopsis: 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.

Details

America's Unwritten Constitution: The Precedents and Principles We Live By is a groundbreaking book that sheds light on the hidden rules and principles that shape modern America. Although our written Constitution holds a revered status, it does not explicitly mention crucial concepts like the separation of powers and the rule of law. Renowned legal scholar Akhil Reed Amar explores the multitude of values, precedents, and practices that go beyond the written document, unveiling a comprehensive understanding of our nation's unwritten Constitution. This is a must-read for anyone seeking a deeper insight into the true framework of American law and governance.

In America's Unwritten Constitution, Amar takes readers on a captivating journey through the unwritten dimensions of our constitutional system. By examining the precedents set by past presidents and Congresses, the common practices of modern citizens, landmark judicial decisions, and sources of inspiration like the Federalist papers and Lincoln's Gettysburg Address, Amar unravels the complexities of constitutional interpretation. It becomes clear that the written Constitution alone cannot capture the full essence of America's legal framework, making these diverse supplements essential for a complete understanding.

Written by one of America's preeminent legal scholars, America's Unwritten Constitution offers a fresh perspective on the interplay between the written and unwritten components of our constitutional system. The book's powerful insights demonstrate that the relationship between these two elements is a fundamental strength of the American Constitution, fueling its adaptability and resilience throughout history. Don't miss the opportunity to gain a deeper understanding of the principles that shape our great nation.

Click here to delve into the uncharted depths of America's legal system with America's Unwritten Constitution: The Precedents and Principles We Live By.

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