
Envisioning the Future, Part 2: America's Unwritten Constitution
Akhil Reed Amar, Yale Law School professor, compares the fifty state constitutions against the federal one to surface reform ideas. He works through differences in amendment difficulty, the malapportioned Senate, gubernatorial versus presidential tenure, judicial terms, and jury unanimity rules, asking in each case which level of government has the better model. The lecture builds toward Amar's proposed Sunrise Amendment, a mechanism for enacting constitutional changes that only take effect decades in the future, forcing lawmakers to legislate behind a kind of generational veil of ignorance. He traces a precedent for this delayed-effect approach to the Constitution's 1808 clause on the slave trade. The talk closes with Amar inviting viewers to think of themselves as framers of the future, part of a Yale Online course on America's unwritten constitutional traditions.