
Confronting Modern Case Law, Part 1
Akhil Reed Amar, Yale Law professor, argues that case law can be read as a prism onto the Constitution's text rather than treated as either invented rights or irrelevant to it. He grounds Brown v. Board of Education and its companion case Bolling v. Sharpe in the Constitution's anti-nobility clauses and the Fourteenth Amendment's guarantee of equal birth status, walks through the history of Radical Republicans and equality, and asks whether separate really was equal. He then traces how the privileges or immunities clause incorporated the Bill of Rights against the states, and closes by defending the free speech holding in New York Times v. Sullivan. Part of his America's Unwritten Constitution course at Yale, the lecture runs just over thirty minutes with timestamped chapters moving from doctrine to the historical record behind it.