
Following Washington's Lead, Part 2
Akhil Reed Amar, Sterling Professor of Law at Yale, continues his course on America's Unwritten Constitution by examining how George Washington's early precedents filled gaps the constitutional text left open. Amar walks through the Neutrality Proclamation, which cemented the president as the nation's voice in foreign affairs, then identifies the moment Washington overreached: implying a presidential power to create criminal law, a claim later rejected in the Supreme Court cases Hudson and Goodwin. The lecture then turns to the removal power, tracing how the Decision of 1789 established that presidents can fire cabinet officers without Senate involvement, even though the text never says so directly. Amar closes by linking these episodes back to Washington's First Inaugural, using them to draw a line between legitimate historical gloss on ambiguity and outright textual violation. It is a close reading of founding-era practice as a source of constitutional meaning.