America's Unwritten Constitution: The Precedents and Principles We Live By Hardcover – September 11, 2012

I read this book while also reading a few others, so it need not take months to finish, and as large as it is I found it a pleasure to read and so it was actually easy to get through the material as I devoted the time. There is an immense breadth of material here so expect to wander all over the Constitution - text, history, and structure. My experience as a student and citizen, having attended public school with peers that were always part of the 'advanced' academic program, is that civics teaches nothing like this, and thus this material fills a giant hole in the citizenry's understanding of our founding and most basic laws. It seems obvious that to teach this material requires not just a Con Law professor but a historian as well, and Akhil Amar fills those shoes. Yes, the author can be ponderous while being insightful. The insights, however, are brilliant and often unique, and a deep respect for the law and democracy are evident everywhere. One of the great benefits of reading the books of Professor Amar is the elimination of all the ums and ahs and repetition in his podcast episodes, so those that might find his vocal idiosyncrasies too annoying can rejoice in the alternative, which is well edited and entirely worthwhile.

I just received this book - two weeks before it is officially released. I'm not entirely sure how that is possible, but congratulations to Amazon for its efficiency.As a Yale Law student, the temptation to buy this book was overwhelming. And it hasn't disappointed: as one would expect from Akhil Amar, the writing is lucid; the arguments are powerful (even when one might not entirely agree with them); and the level of scholarly detail astounding. I have no doubt that this book will take its place in the canon of Constitutional scholarship, and every law student, attorney, and judge should put this at the top of their reading list.Amar is known for holding a few positions outside the mainstream, and this book is no exception. Like in  America's Constitution: A Biography , readers will occasionally find, particularly near the end of a chapter, some claims that may lead them to raise an eyebrow. But even these deserve a careful read, and from time to time, the reader will be convinced. Even when they are not, hearing Amar's intelligent arguments will remind them of the necessity of not blindly following the mainstream and making one's mind up for oneself, based on all the evidence and logic.Some arguments in this book are of enormous importance. Amar's call to remember the Common Law and revolutionary experience that colors the words used in the concise text of the Constitution serves as an important reminder to modern judges to avoid the temptation to construe language in a vacuum; like all forms of communication, it is vital to recall that the meaning of language is a product of social and historical context. Similarly, Amar's reminders that, even when a broad principle is enumerated in the Constitutional text, advances in understanding may lead it to be applied differently to how the Drafters may have expected resemble the 'New Textualist' and 'Living Originalist' (see:  Living Originalism ) schools that have done so much to ground rights 'discovered' recently in sound constitutional theory.Nonetheless, one cannot accept what Amar says uncritically. Unless I have missed it, he fails to address recent revisionist arguments against the traditional identification of the early 20th Century as 'the Lochner era' (see, e.g.,  Rehabilitating Lochner: Defending Individual Rights against Progressive Reform ). Whatever one thinks about whether these arguments have merit, they deserve a response. While Amar properly criticizes the majority opinion in Roe v. Wade for its singular unwillingness to explain how it found a right to abortion that contradicted the laws of every State, his proposed alternative basis - that these laws that specially affected women were invariably first enacted by all-male legislatures - is almost perverse in its tendency to ignore the fact that such laws are generally created not out of any evil desire to subjugate women (even if some - presumably including Amar - might say that was their effect), but out of a sincere belief that a child's life is terminated. Nor, as far as I can tell, does Amar discuss whether Roe could survive if a legislature in which women were properly represented decided to limit access to abortion. Again - whatever one thinks of abortion and Roe, Amar's argument has notable omissions.Despite these caveats, and the disagreements many (if not most) readers will have with some of Amar's positions (inevitable for a book that comments on so many controversial legal and political issues), this book clearly deserves five stars. Overall, it is an excellent work of scholarship - and like all such works, it should not be read uncritically. But disagreeing with an argument in the book is part of the fun of reading it.

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.

But should know. I read this book while simultaneously "taking" the Coursera.com online lectures series by the author. In this disappointing (IMHO) election year, I have felt the need to be better informed on how our processes work, have worked (rightly or wrongly depending on your POV), and might be changed. If you too feel that urge to examine more closely the System, I would strongly recommend this reading.I felt the author presented the material in a easily readable and non-Legalize manner and more importantly, unbiased approach. As a person with no legal training, I had no problem following his logic and analysis.Reading between the lines, taking the Constitution as a Whole rather than standalone parts, looking at the role of The Nine in the Supreme Court over the years are just some of the tools used to see that our Unwritten Constitution is as important as the Master document itself.

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AMAR教授のAmerica'ｓ Constitutionをまず読みましたが、その本は私のような法律の素人にはわかりやすく最高に良い本です。そのあとにこの本を読んだのですが、なかなか理解に至らないことが多いです。なお、教授のMOOC,COUSERAのConstitutional Lawを受講中で後半この授業になるので少々不安といったところです。