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Saturday, September 15, 2012

America's unwritten constitution : the precedents and principles we live by

View full imageby Akhil Reed Amar    (Get the Book)
In America's Constitution: A Biography (2005), constitutional law scholar Amar showed that a close reading of the Constitution need not lead to a politically conservative interpretation of it. He expands upon that argument to suggest that, if we read between its lines, the Constitution actually invites interpreters to consider certain principles and concepts that exist outside of its text, such as in the practices of the Founding Fathers and of American citizens, certain key judicial decisions, and other texts, like the Federalist Papers and the Gettysburg Address. This unwritten Constitution, says Amar, supports and supplements the written Constitution without supplanting it. It allows the written Constitution to make sense and remain strong and resilient despite its terse language. Deeply researched and carefully argued, this book is nothing less than a sophisticated and comprehensive theory of constitutional jurisprudence that resists being construed along narrow political lines. Indispensable for law students and scholars, this will also be enjoyed by general readers who are passionate about constitutional law and comfortable with Amar's somewhat textbook-like approach. --Booklist