Author Archive | Prof. Akhil Reed Amar, guest-blogging

A Too-Quick Response to David and Ilya

Earlier this week, I said that I probably would not have time to respond immediately to any comments that my fellow Conspirators might post in response to my guest blogs this week.  And in fact, I don’t have time to do a proper job — I am on the road this week — but the […]

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On Equality and the Federal Government: A Reply to Somin

In a recent posting, Ilya Somin says the following: “Beginning with the famous case of Bolling v. Sharpe (1954), the Supreme Court retroactively applied the [Fourteenth] Amendment’s restrictions on racial discrimination to the federal government. But no one imagined that the amendment applied to the federal government at the time it was enacted.” In Chapter […]

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Freedom of Speech in America’s Unwritten Constitution (With Some Thoughts on Volokh, Posner, and Scalia)

My new book, America’s Unwritten Constitution: The Precedents and Principles We Live By, is organized around different techniques of constitutional interpretation. Throughout the book, I use the freedom of expression as a testing ground for various interpretive approaches. As I explain in the book’s Introduction: Textually, [the freedom of speech] appears in the First Amendment, […]

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