The Lawfare Podcast Lawfare Archive: Richard Albert on Constitutional Resilience Amid Political Tumult
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Aug 31, 2025 
Richard Albert, the William Stamps Farish Professor in Law and Director of Constitutional Studies at the University of Texas at Austin, joins Kevin Frazier for a deep dive into constitutional resilience. They explore what factors allow constitutions to endure political strain, analyzing the U.S. Constitution's rigidity compared to international counterparts. The conversation touches on hydraulic pressure leading to constitutional change, the complexities of amendment processes globally, and the cultural reverence surrounding the U.S. Constitution as a symbol of American values.
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U.S. Constitution Is Anomalous Globally
- The U.S. Constitution is anomalous mainly because of its extreme amendment difficulty and sparse rights list.
- Its global influence has declined as newer constitutions adopt different rights and structures.
Modern Constitutions Embrace Positive Rights
- Modern constitutions often include positive social and economic rights that impose affirmative state duties.
- The federal U.S. Constitution mainly protects negative rights, while many state constitutions in the U.S. include positive rights.
Evolution Through Practice Not Text
- The U.S. Constitution has evolved through judicial interpretation, statutes, and state workarounds rather than textual amendment.
- That evolution explains why many modern solutions aren't reflected in the Constitution's text.