America's Unwritten Constitution

This module delves into how the actual structure of each government branch inherently effects their interactions with one another. The framers purposefully under-specified sections of the Constitution, leaving room for flexibility. They rightly assumed future law makers would fill these “gaps” in procedure as need arose. Indeed they have, each time a gap is discovered and bridged, a new precedent is set. Professor Amar will highlight several examples of these powers-set-by-precendent, for each branch of government

This module discusses the role of conscience in government. It is important for us to remember, the Constitution did not implement itself. It was implemented by human beings with minds, hearts, and consciences. Understanding the interaction between these “human elements” and the text is fundamental to proper interpretation of the Constitution. We’ll go over several codified manifestations of the "human element" in the Constitution, such as the veto and juror nullification.

In the course’s final lectures, we’ll look to the future and ask, "what will the constitution look like in 25 years? 50 years? 100?" Might we soon see an amendment allowing for a foreign born president? Or the dissolution of the Electoral College? Prof. Amar will discuss the idea of "constitutional trajectory," and the factors which affect it. We’ll go over how today’s legislators can be looked at as "framers of the future.” Which will lead to the very interesting topic of “sunrise legislation."

This content is not tied to the assessment materials in any way but it is interesting, entertaining, and informative nonetheless. We encourage all learners to take some time to watch these videos and post about them in the discussion forums!