
Interpreting Government Practices, Part 1
Yale law professor Akhil Reed Amar argues that America's constitution, like Britain's, runs partly on unwritten practice, and uses this lecture to show where that practice fills gaps left by Articles I and III. He walks through Congress's inherent powers of oversight, subpoena, and contempt, centering on the founding-era case of Robert Randall, whom the House itself arrested, tried, and jailed, a power later upheld in Anderson v. Dunn. Amar then turns to recess appointments to the judiciary and the procedural puzzle of how a newly elected House organizes itself on its first day every two years. Part of Yale's America's Unwritten Constitution course, the lecture treats these episodes as case studies in constitutional interpretation beyond the bare text, tracing how custom and precedent have settled questions the document itself leaves open.