Amarica's Constitution

Abortion, and Roe v. Wade, is in the news again as the Supreme Court prepares to review challenges to the Mississippi law which, if upheld, would amount to an overrule of Roe.  Professor Amar tells us that the argument, in addition to discussions of abortion itself, will center on the role of precedent.  To prepare us for an examination of the particulars of this case, he conducts a master class on precedent.  Akhil has written extensively and authoritatively on this over the years; our audience will thus be among the most informed and comprehending spectators when oral argument takes place in December.  We will follow this next week, as we did in the recent gun case, by applying the principles just covered to the actual case.

Now that our audience are masters of rights analysis after last week’s overview and framework presentation, we turn to the current SCOTUS gun rights case, New York State Rifle and Pistol Association v. Bruen. Consistent with Professor Amar’s approach, we begin with the text of the 2nd and 14th Amendments, along with a fascinating historical analysis.  When that is complete, the questions the Justices asked during oral argument take on a whole new meaning, both in seeing clearly the points they were emphasizing, and perhaps in some cases, those they were missing.  

Gun rights are in the news again as the Supreme Court hears New York State Rifle & Pistol Association v. Bruen.  Professor Amar discusses his landmark work on the Bill of Rights, and invites you to join him in an analysis of the issues in this and other “rights” cases.  These cases require an appropriate methodology, and we are treated to a master class in the tools we need to perform this analysis.  As we jump into the case, we will be armed with the framework we need for 2nd amendment cases, 14th amendment cases, and indeed most of the landmark cases that have come before the court over the past half-century, and will be before us, and the Court, now and in the near future.

Our series on books and authoring takes a look back at - what else?  - the opening of a book.  What comes first can make all the difference, but what makes for a great opening?  And there are things before the opening - the forward, the preface, the dedication, the title, the cover.  It’s all grist for our mill, with classic openings as well as deep dives into Akhil’s own books’ kickoffs.

What began as an exploration of sources of authority - citations, rankings, reviews, sales - now continues with our inside look at book writing and publishing.  For those who have considered eventually writing a book themselves - and who among us hasn’t? - we take a deeply honest and nuanced look at all aspects of the process, including many most of us take for granted.  Professor Amar’s personal approach to book writing is discussed, and one short example of it tells the story of Story himself - Joseph Story, that is, and his ongoing role in Akhil’s ambitions.

Remember “18 reasons for 18 years?”  Well, so did the Biden Commission, and as they reject court packing, they flirt with the 18 year plan.  A few voices are raising in the media and even some on the commission, so we review their arguments and analyze their possible merits.  A big question - can it be implemented by statute, or is a constitutional amendment required?  No surprise that Akhil has a clear opinion on this.  If this happens, you heard it here first - or rather, you read it first back in 2002 when Akhil and his co-author came up with it.

Amarica’s Constitution shares the stage this week with the fine podcast “So to Speak” from the Foundation for Individual Rights in Education (FIRE).  Professor Amar is interviewed by FIRE, and the history of the First Amendment leads to - surprise! - any number of fascinating constitutional law issues.  Akhil takes time out to take issue with Robert Bork, by the way.   And who kicked the dog?

The academic year is underway, and Professor Amar’s crazy teaching schedule, as usual, includes co-teaching with some of the greatest constitutional scholars in the nation.  This semester Akhil is joined by Professor Edward Larson, whose amazingly wide range includes a PhD in History of Science in addition to his Harvard Law degree. So it is not surprising that as Professor Larson joins us for this episode, our discussion of George Washington ventures into GW the scientist.  And speaking of scientists, Ed Larson also wrote a book on GW and Benjamin Franklin - was this an odd couple as it might first seem?  We also take another shot at the James Madison vs. GW question while we’re at it.  Oh, and religion shows up as well.

Our look inside the literary world continues. So many of us are aspiring or perhaps would-be authors, but what is really involved, and can we really join that world?  Akhil takes you through the many and sometimes surprising corners of this sphere, which is far more intricate than one might think.  His personal route was not quite as smooth as it might seem, and the story of his move from a very successful book to another publisher, told here for the first time, is quite revealing of the milieu and the man.

It’s fitting that our recent discussion of how authors and their books are realized is followed this week by a discussion with the finest example of a historian, Gordon Wood.  We explore his new book, “Power and Liberty: Constitutionalism in the American Revolution;” locate it in the amazing arc of Gordon’s peerless career, and then conduct a lively discussion of what at first glance seems a clear disagreement between Akhil and Gordon:  who was the “father of the Constitution?”  The conclusion may surprise you.  Finally, our historical and constitutional titans address an area of ongoing controversy surrounding the American Founding.