
Doing the Right Thing, Part 1: America's Unwritten Constitution
Akhil Reed Amar, Yale Law School, opens a chapter on constitutional conscience by asking what keeps officials willing to operate the machinery of government a written text cannot enforce on its own. He argues the separation of powers exists not to minimize legislation overall but to minimize laws that are unconstitutional or unconscionable, fewer standing armies among them. Amar traces the oaths that bind officials to the Constitution, then details the checks unique to federal criminal law, where the House, Senate, president, judge, grand jury, and trial jury can each independently block a conviction. The lecture moves through four chapters, from oaths of office through the six distinct checks against a federal conviction, building toward a later discussion of juror conscience. It is part of Amar's Yale course on the unwritten constitution, delivered as a focused, chapter-by-chapter argument rather than a survey.