JLST 401
The Unwritten Constitution Spring 2018
Division II
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Class Details

The eight thousand words of America’s written constitution only begin to map out the basic ground rules that actually govern our land.” So begins Akhil Amar’s book The Unwritten Constitution. Amar recasts the debate over whether America has a “living Constitution.” That debate usually revolves around whether change in constitutional meaning requires resort to the formal amendment process or can be achieved through judicial interpretation. Amar supports a living Constitution, but proposes something far-reaching: history itself effectively amends the Constitution. Thus, for example, he argues that Martin Luther King’s “I Have a Dream” speech, and precedents set by George Washington, not to mention the daily activities and assumptions of ordinary Americans, have become constitutional subtext which must be taken into account by judges and anyone else (i.e., politicians and citizens) interpreting the Constitution. Closely related, Amar rejects a primarily “textualist” approach, proclaiming that the Constitution’s terse text must be read in concert with a vast unwritten Constitution. Is his notion convincing? Preposterous? A healthy way of understanding the inevitable intersection of law, history, and politics? A transparent excuse to read one’s own views into the Constitution? Is the idea of an unwritten constitution democratic or undemocratic? The course will emphasize the deeply interdisciplinary nature of law, probing the law’s intersections with politics, history, philosophy, religion, science, psychology, art, economics, sports, and cyberspace.
The Class: Format: seminar
Limit: 19
Expected: 19
Class#: 3193
Grading: yes pass/fail option, yes fifth course option
Requirements/Evaluation: three papers, a few pop quizzes, a final exam, and class participation
Prerequisites: PSCI 216 or PSCI 217 (or consent of the instructor)
Enrollment Preferences: Justice and Law concentrators
Distributions: Division II

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