
Progressive Reforms, Part 1
Akhil Reed Amar, in this installment of his Yale course America's Written Constitution, argues that the constitutional world most Americans live in was built by amenders rather than founders. He traces how the Bill of Rights originally bound only Congress and reached the states only through the Fourteenth Amendment, which also introduced the word equal applied to persons. He then turns to three Progressive Era amendments: the Sixteenth, which gave Congress a national taxing power, the Seventeenth, which made senators answerable to national rather than state interests, and the Nineteenth, which doubled the electorate. Amar contends these three amendments, taken together, are what make the New Deal, the Great Society, and the Affordable Care Act constitutional rather than extraconstitutional departures. Cases like New York Times v. Sullivan, Miranda, Griswold, and Lawrence are framed throughout as Fourteenth Amendment cases rather than Bill of Rights cases.