Constitutional Law Course: Written vs Unwritten Constitution

This course, "Constitutional Law," led by instructor Akquille Reed Amomar, offers a comprehensive exploration of the U.S. Constitution, designed for a broad audience ranging from constitutional law experts to high school students and general citizens interested in American civics. The course aims to delve into the written Constitution while also exploring the unwritten aspects that supplement it.

Course Structure and Themes

The course is divided into two main halves, each focusing on a distinct aspect of constitutional law.

Part 1: The Written Constitution

The first half of the course will meticulously examine the written Constitution in textual order, starting from the Preamble and progressing through all articles and amendments.

1. Preamble and Articles 1-7: The course begins with the Preamble, followed by Article One (the legislature), Article Two (the executive), Article Three (the judiciary), Article Four (federalism and state relations), and Articles Five, Six, and Seven (supremacy, amendment process, and enactment). This section covers the Constitution as originally adopted in 1787-88.
2. Amendments: The course then moves chronologically through the amendments:
   • Bill of Rights (First 10 Amendments): Adopted shortly after ratification.
   • Reconstruction Amendments (13th, 14th, 15th): Addressing the abolition of slavery, equal citizenship, and voting rights post-Civil War.
   • 20th Century Amendments: Including the 16th (income tax), 17th (direct election of senators), and 19th (women's suffrage).
   • Modern Amendments: From the latter half of the 20th century, such as those restricting poll taxes and granting 18-year-olds the right to vote, up to the 27th Amendment (the most recent, adopted in the 1990s).

This chronological approach to the amendments also serves as a journey through time, connecting the historical context of each addition to the evolving document. The written Constitution, though only about 8,000 words, serves as the anchor and foundation of American constitutional law.

Part 2: The Unwritten Constitution

The second half of the course explores the "unwritten constitution," which supplements the written text without supplanting it. This part acknowledges that many fundamental concepts of American constitutional law—such as the rule of law, separation of powers, checks and balances, federalism, and the principle of "one person, one vote"—are not explicitly stated in the document but are integral to the constitutional system.

Key aspects of the unwritten constitution to be explored include:

• Constitutional Interpretation: How the written Constitution should be interpreted, including the existence of unenumerated rights.
• Beyond Literalism: Moving beyond a narrow, literal reading of the text to understand its broader meaning and purpose.
• Tools and Techniques: Examining various methods of constitutional interpretation that go beyond the literal text, while remaining faithful to the overall American constitutional project. This includes understanding the document's structure, analyzing case law and precedent, and considering evolving customs.
• State Constitutions: Exploring the role of state constitutions alongside the federal Constitution.

Substantive Themes

Throughout the course, several overarching themes will be explored:

• Democracy: The course will argue that the written Constitution, when read in historical context, is more democratic than conventionally understood, emphasizing "We the People."
• Slavery: It will also highlight the pro-slavery aspects of the original document and how this fundamental contradiction nearly led to its destruction, culminating in the Civil War.
• National Security: The course will examine the Constitution's role in national security, considering geography, geostrategy, and America's global position.
• Constitutional Interpretation: The second half of the course will focus on the various tools and techniques necessary to interpret the Constitution, emphasizing that while the text is crucial, understanding its structure, precedent, and evolving customs is equally important.

Recommended Readings

While not required, two books written by the instructor are highly recommended for students seeking a deeper understanding:

1. "America's Constitution: A Biography": This book guides readers through the written Constitution from start to finish and will be tracked in the first half of the course. Each week, two chapters of this 12-chapter book will be covered, spanning the first six weeks.
2. "America's Unwritten Constitution: The Precedents and Principles We Live By": This book explores the unwritten aspects of the Constitution and will be used in the second half of the course, covering two chapters per week for the remaining six weeks.

Both books are available in paperback and at libraries.

Visual Learning and Key Concepts

Each lecture will feature a relevant image to introduce the topic. The course's overarching image depicts text ("We the People") at the top and individuals (like George Washington) at the bottom, symbolizing that the Constitution is about both words and the actions of people. The "We the People" image is specifically from the facade of the National Constitution Center in Philadelphia, a building located opposite Independence Hall. The instructor, an academic advisor to the center, encourages visits to deepen understanding.

The course emphasizes that even when exploring aspects "beneath, beyond, and behind" the text, the written words will never be lost sight of. The Preamble, particularly the phrase "We the People," is highlighted as supremely important.

First Assignment

For the first week, students are asked to read the entire text of the Constitution, including its amendments (approximately 8,000 words, readable in about 30 minutes). If time is limited, students are strongly encouraged to read and re-read the Preamble, which is a single sentence. The first two lectures will focus solely on this crucial sentence.

The Preamble, though not explicitly labeled as such within the document, is universally known as the "Preamble," illustrating an interaction between the written and unwritten Constitution. Pondering these words will help address three fundamental questions of American constitutional law:

1. How democratic was America's Constitution in its historical context?
2. Did it create an indivisible union, meaning states could not unilaterally secede? This question delves into the core debate of the Civil War, asking whether Abraham Lincoln or Jefferson Davis was correct.
3. If it did create an indivisible union, why?