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Akhil Reed Amar

An introduction to basic techniques of constitutional interpretation.

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Syllabus

Introduction
Hello everyone and welcome to America’s Unwritten Constitution! This course is designed to teach you some of the basic tool and techniques for constitutional interpretation. Over the next 13 modules, Professor Akhil Amar will teach you how to go beyond the text of the U.S. Constitution, while still remaining faithful to it. Please, take some time to watch the two introductory videos and read through some of the course information below. Enjoy!
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Heeding the Deed
Heeding the Deed, refers to the technique of understanding the Constitution further by looking at issues the nation was dealing with at the time of the passage's adoption. Another way to say this could be; putting yourself in the framer's shoes.
Reading Between the Lines
This module teaches the interpretive technique of reading between the lines. This involves extracting, from the text, things that are implicit, but not expressly stated.
Hearing the People
In this module, we explore a number of unenumerated rights that exist simply because Americans embody these rights in their everyday lives. Owning pets, using contraception, testifying at one’s own trial, none of these are explicitly mentioned in the text of the Constitution, yet today, they are recognized as protected fundamental rights. Professor Amar explains why.
Confronting Modern Case Law
The "Confronting Modern Case Law" lectures take a closer look at the Warren-lead Supreme Court. Spanning from 1953 to 1969, his court decided many of the most influential cases is U.S. history. Brown v. Board of Education, Miranda v. Arizona, Griswold v. Connecticut to name a few. Professor Amar, will discuss how the court arrived at their decisions, how these rulings changed American society at the time and how they are still affecting it today.
Putting Precedent in its Place
Professor Amar discusses the role that precedent—that is, prior court decisions—plays in our understanding of the document. He will answer questions about how far courts should go when interpreting the Constitution, and what courts might do when they believe that a prior decision was incorrect.
Honoring the Icons
Here we'll examine documents outside of the Constitution that influence our understanding of the founding text—things like the Declaration of Independence, The Federalist papers, Lincoln’s Gettysburg Address, and Martin Luther King’s I Have a Dream speech. Professor Amar will explain how these sources have offered meaning and guidance in constitutional interpretation.
Remembering the Ladies
These lectures explore the profound changes American society underwent immediately following the ratification of the 19th amendment. The reverberations of women's enfranchisement are still being strongly felt today. Prof. Amar will highlight some legislation, he believes, directly or indirectly owe their existence to the 19th amendment.
Following Washington's Lead
Undoubtedly, the figure who looms largest in U.S. political history is George Washington. His actions before, during, and after the Presidency set precedents for the executive office which are still observed today. Prof. Amar will explain why Article II of the Constitution was custom written for our first president.
Interpreting Government Practices
This module delves into how the actual structure of each government branch inherently effects their interactions with one another. The framers purposefully under-specified sections of the Constitution, leaving room for flexibility. They rightly assumed future law makers would fill these “gaps” in procedure as need arose. Indeed they have, each time a gap is discovered and bridged, a new precedent is set. Professor Amar will highlight several examples of these powers-set-by-precendent, for each branch of government
Joining the Party
In this module, Prof. Amar chronicles the adoption and evolution of the two party system in America. You'll learn which framers founded each party and how the creation of the parties caused great friction in government. The lectures go on to explain how the Constitution changed to accommodate the two party system and how these changes have made to the two party system inextricably codified into the Document.
Doing the Right Thing
This module discusses the role of conscience in government. It is important for us to remember, the Constitution did not implement itself. It was implemented by human beings with minds, hearts, and consciences. Understanding the interaction between these “human elements” and the text is fundamental to proper interpretation of the Constitution. We’ll go over several codified manifestations of the "human element" in the Constitution, such as the veto and juror nullification.
Envisioning the Future
In the course’s final lectures, we’ll look to the future and ask, "what will the constitution look like in 25 years? 50 years? 100?" Might we soon see an amendment allowing for a foreign born president? Or the dissolution of the Electoral College? Prof. Amar will discuss the idea of "constitutional trajectory," and the factors which affect it. We’ll go over how today’s legislators can be looked at as "framers of the future.” Which will lead to the very interesting topic of “sunrise legislation."
Bonus Content Archive
This content is not tied to the assessment materials in any way but it is interesting, entertaining, and informative nonetheless. We encourage all learners to take some time to watch these videos and post about them in the discussion forums!
Conclusion
Prof. Amar recapitulate concepts learned in this course and discuss his hopes for you all; the matriculants of America’s Unwritten Constitution. We sincerely hope you all have enjoyed the course and learned something along the way! Thank you so much for your time and effort.

Good to know

Know what's good
, what to watch for
, and possible dealbreakers
Explores constitutional interpretation, which is a fundamental topic in legal studies
Taught by Akhil Reed Amar, a renowned constitutional law expert
Develops critical thinking and analytical skills essential for understanding the Constitution
Provides a comprehensive overview of constitutional interpretation techniques
Examines key constitutional principles and their application in real-world cases
Suitable for learners interested in law, politics, and American constitutional history

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Well-received american constitution course

Learners say America's Unwritten Constitution is a well-received course, garnering all 5 out of 5 stars from students who completed it. Reviewers seem to have been pleased with the course, but there is limited feedback present at this time.

Activities

Be better prepared before your course. Deepen your understanding during and after it. Supplement your coursework and achieve mastery of the topics covered in America's Unwritten Constitution with these activities:
Review of the Constitution's structure and history
Gain a strong understanding of the Constitution's foundational principles to enhance comprehension throughout the course.
Browse courses on US Constitution
Show steps
  • Explore online resources such as the National Constitution Center's website for interactive tutorials and historical context.
  • Attend virtual lectures or workshops offered by historical societies or legal organizations.
  • Read introductory books on the history and structure of the Constitution, such as 'The Federalist Papers' or 'A More Perfect Union.
Participate in a Study Group
Enhance your learning experience by joining a study group where you can discuss course material, share insights, and collaborate on assignments, fostering a deeper understanding of constitutional interpretation.
Show steps
  • Find a study group
  • Attend study group meetings
  • Participate in discussions
  • Collaborate on assignments
Watch Video Tutorials on Constitutional Law
Supplement your learning by watching video tutorials that provide clear and concise explanations of constitutional law concepts, reinforcing your understanding of key principles.
Show steps
  • Find reputable video tutorials
  • Watch the tutorials
  • Take notes on the key points
  • Review your notes
Seven other activities
Expand to see all activities and additional details
Show all ten activities
Solve Constitutional Interpretation Practice Problems
Reinforce your understanding of constitutional interpretation techniques by solving practice problems that simulate real-world scenarios, helping you develop critical thinking and analytical skills.
Show steps
  • Review the provided practice problems
  • Analyze the facts of each problem
  • Apply the relevant constitutional interpretation techniques
  • Come up with your own solutions
  • Check your answers against the answer key
Develop a Detailed Research Plan
Develop a strong foundation for your understanding of constitutional interpretation by outlining a detailed research plan that will guide your exploration of the topic.
Show steps
  • Identify your research question
  • Review relevant literature
  • Develop a methodology for your research
  • Create a timeline for your research
Engage in constitutional debate and discussion
Foster critical thinking and develop persuasive arguments by engaging in discussions with peers.
Show steps
  • Participate in online forums or discussion boards to share insights and engage with classmates.
  • Organize study groups or join existing ones to discuss specific modules or cases.
Read 'The Nine' by Jeffrey Toobin
Gain insights into the inner workings of the Supreme Court and the justices who have shaped constitutional interpretation in the United States.
Show steps
  • Read the book
  • Summarize the main arguments
  • Evaluate the evidence presented
  • Draw your own conclusions
Create a Glossary of Constitutional Terms
Solidify your understanding of key constitutional terms by creating a comprehensive glossary that defines and explains the concepts crucial to interpreting the Constitution.
Show steps
  • Identify the key constitutional terms
  • Research the definitions of these terms
  • Write clear and concise definitions
  • Organize the terms into a logical structure
Create a Podcast on a Constitutional Topic
Enhance your understanding of constitutional interpretation by creating a podcast that explores a specific topic in depth, allowing you to engage with the material in a creative and interactive way.
Show steps
  • Choose a topic
  • Research your topic
  • Write a script
  • Record your podcast
  • Edit and publish your podcast
Contribute to a Constitutional Law Open-Source Project
Gain practical experience and contribute to the broader legal community by participating in an open-source project related to constitutional law, enabling you to apply your knowledge and make a tangible impact.
Show steps
  • Find an open-source project
  • Review the project's documentation
  • Identify an area where you can contribute
  • Make your contributions

Career center

Learners who complete America's Unwritten Constitution will develop knowledge and skills that may be useful to these careers:
Constitutional Law Attorney
Constitutional Law Attorneys need to be able to interpret the Constitution in order to represent their clients. This specialized course will help you develop the interpretive techniques that Constitutional Law Attorneys need to succeed.
Lobbyist
Lobbyists need to be able to interpret the Constitution in order to advocate for their clients' interests. This specialized course will help you develop the interpretive techniques that Lobbyists need to succeed.
Civil Rights Lawyer
Civil Rights Lawyers need to be able to interpret the Constitution in order to fight for the rights of their clients. This specialized course will help you develop the interpretive techniques that Civil Rights Lawyers need to succeed.
Public Interest Lawyer
Public Interest Lawyers need to be able to interpret the Constitution in order to advocate for the public good. This specialized course will help you develop the interpretive techniques that Public Interest Lawyers need to succeed.
Legal Aid Attorney
Legal Aid Attorneys need to be able to interpret the Constitution in order to provide legal services to low-income clients. This specialized course will help you develop the interpretive techniques that Legal Aid Attorneys need to succeed.
Policy Analyst
Policy Analysts need to be able to interpret the Constitution in order to analyze public policy. This course will help you develop the interpretative techniques that Policy Analysts need to succeed.
Judge
Judges need to be able to interpret the Constitution in order to make decisions in legal cases. This course will help you develop the interpretive techniques that Judges need to succeed.
Government Relations Specialist
Government Relations Specialists need to be able to interpret the Constitution in order to advocate for their clients' interests. This course will help you develop the interpretative techniques that Government Relations Specialists need to succeed.
Law Professor
Law Professors need to be able to interpret the Constitution in order to teach their students. This course will help you develop the interpretive techniques that Law Professors need to succeed.
Legislator
Legislators need to understand how to interpret the Constitution in order to write and pass laws. This course will help you develop the interpretive techniques that Legislators need to succeed.
Legal Studies Instructor
Legal Studies Instructors must be well-versed in constitutional interpretation, and those who take this course will become familiar with the basic techniques for this form of interpretation. This course in particular will help you develop the interpretive techniques that Legal Studies Instructors need to succeed.
Journalist
Journalists need to be able to interpret the Constitution in order to report on legal and political issues accurately. This specialized course will help you develop the interpretive techniques that Journalists need to succeed.
Historian
Historians need to understand how the Constitution has been interpreted over time, and those who take this course will become familiar with various interpretive techniques. This course in particular will help you develop the interpretive techniques that Historians need to succeed.
Political Scientist
Political Scientists need to know how the Constitution is interpreted, and those who take this course will become familiar with the basic techniques for this form of interpretation. This course in particular will help you develop the interpretive techniques that Political Scientists need to succeed.
Lawyer
Lawyers need to know a great deal about how to interpret the Constitution, and those who take this course will gain experience in constitutional interpretation, which can aid one in legal careers of all types. This course will help you develop the interpretive techniques that lawyers need to succeed.

Reading list

We've selected 13 books that we think will supplement your learning. Use these to develop background knowledge, enrich your coursework, and gain a deeper understanding of the topics covered in America's Unwritten Constitution.
Provides a comprehensive overview of the U.S. Constitution. It covers many difficult topics in constitutional law, and would be beneficial for those looking to go deeper into the subject matter.
Looks at different theories of constitutional interpretation and how the Constitution is interpreted by legislators and judges. It is useful as a supplement and as a reference for navigating some of the more complex topics of constitutional law.
This collection of essays was written by the Founding Fathers to persuade New Yorkers to ratify the Constitution. It valuable resource for understanding the original intent of the Constitution.
Provides a detailed account of the landmark Supreme Court case that established the principle of judicial review. It is helpful for understanding the role of the Supreme Court in the U.S. system of government.
Provides a critical assessment of the Warren Court, which was one of the most influential Supreme Courts in U.S. history. It discusses the Court's major decisions and the impact that they had on American society.
Provides provides an overview of the Constitution and the principles that it espouses. It is helpful for understanding the framework of the U.S. government and laws. Additionally, this book is good for preparing for further study.
Argues that the Constitution living document that should be interpreted in light of current values. It useful resource for understanding the different theories of constitutional interpretation.
Provides a detailed overview of the landmark Supreme Court case that desegregated public schools. It is helpful for understanding the history of the Civil Rights Movement.
Provides an overview of the Roberts Court, which is the current Supreme Court of the United States. It discusses the Court's major decisions and the impact that they have had on American society.
This collection of essays was written by opponents of the Constitution. It provides a valuable counterpoint to the Federalist Papers.
Provides a historical overview of the Constitution. It is useful for understanding the context in which the Constitution was written and ratified.
Provides an overview of the Rehnquist Court, which was one of the most conservative Supreme Courts in U.S. history. It discusses the Court's major decisions and the impact that they had on American society.

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