Making Amends, Part 2 | America's Written Constitution with Akhil Reed Amar

Akhil Reed Amar delivers a masterful lecture that is both erudite and accessible, offering a nuanced interpretation of the Bill of Rights that challenges conventional narratives. His central thesis—that the amendments are fundamentally about localism and populism—is well-supported by historical evidence and textual analysis. Amar’s discussion of juries as a key mechanism for checking federal power is particularly insightful, drawing connections between the Fourth, Fifth, Sixth, Seventh, and Eighth Amendments that are often overlooked. He also provides a compelling explanation for why Federalists, who had just created a strong central government, would agree to limit its power: the Bill of Rights served as a tool for national reconciliation, a way to bring Anti-Federalist states like North Carolina and Rhode Island into the fold, and a means for Madison to fulfill a campaign promise while controlling the amendment agenda. The lecture is rigorous in its use of primary sources, including the Constitution itself and the records of the ratification debates. Amar’s argument that the original Bill of Rights did not apply to the states, and that this gap was only filled by the Fourteenth Amendment, is well-documented and widely accepted among historians. The discussion of the Twelfth Amendment’s impact on the Electoral College and its pro-slavery implications is a valuable addition, showing how even procedural amendments had profound political consequences. While the lecture is primarily historical, it has clear implications for contemporary constitutional debates, particularly regarding the Second Amendment and the role of juries. Amar’s expertise is evident throughout, and his ability to synthesize complex historical and legal material into a coherent narrative is exceptional. The only minor criticism is that the lecture could have benefited from a more explicit discussion of the historiography and competing interpretations, but this is a minor quibble given the depth and clarity of the analysis. Overall, this is an excellent lecture that provides a fresh perspective on a foundational document.

The title accurately reflects the content, which focuses on the Bill of Rights and subsequent amendments as part of the constitutional narrative.

9/10

Lecture by a renowned constitutional scholar, based on historical documents and established scholarship, with clear argumentation and references to primary sources.

• 00:00Where the phrase "Bill of Rights" comes from
• 03:15The amendment Madison lost
• 05:50Why "the people" keeps recurring
• 07:22Running through the first ten
• 11:31The Fourth Amendment as a jury right
• 14:06Why Federalists accepted limits on themselves
• 17:10How little the amendments meant on the ground
• 18:40The Eleventh Amendment and judicial power
• 20:14The Twelfth Amendment and a pro-slavery presidency

• America's Written Constitution - Yale Online — Course page for the lecture series
• America's Written Constitution - Coursera — Online course version of the lecture
• YouTube Playlist — Playlist containing the lecture

• The Bill of Rights: Creation and Reconstruction — Amar's book that expands on the themes of this lecture.