
Heeding the Deed, Part 2: America's Unwritten Constitution
Akhil Reed Amar, Yale Law School professor, continues his series on the Constitution's unwritten dimensions by examining the Republican Government clause. He traces how a clause left largely dormant for decades became central during Reconstruction, used to hold former Confederate states to democratic standards and require enfranchisement of freed Black citizens under federal monitoring, a precedent Amar connects to the later Voting Rights Act. The lecture moves through narrow versus broad readings of the clause before turning to the Fourteenth and Fifteenth Amendments and the enactment process behind them. Amar closes by asking whether a national draft was constitutional, noting that what Daniel Webster considered unconstitutional in 1812 came to be accepted once the army's role within the Union shifted, illustrated by a 1917 draft poster. The talk runs just over twenty minutes with clear chapter breaks tracking each argument.