
Following Washington's Lead, Part 1: America's Unwritten Constitution
Akhil Reed Amar, Yale Law School professor, argues that Article II's vague text was deliberately left under-specified because the framers were drafting the presidency around the one man certain to hold it first: George Washington. Amar walks through why the office resisted a tidy job description, sitting somewhere between a governor and a king, and then traces specific executive powers, including the power to recognize foreign governments and to dispatch secret envoys for treaty negotiations, back to precedents Washington set rather than to constitutional text. He frames the Constitution itself as a document written with its first occupant in mind, so that practice filled gaps the drafters left open on purpose. Chapters move from the text's limits through Washington's role to the recognition power and secret diplomacy. Part of Yale's America's Unwritten Constitution course, the lecture runs about twenty-four minutes and builds a specific argument about how presidential custom became constitutional law.