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America’s Unwritten Constitution by Akhil Reed Amar

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CHAPTER 4

CONFRONTING MODERN CASE LAW

America’s “Warrented” Constitution

By acclamation, Earl Warren ranks as one of America’s two greatest chief justices, standing alongside John Marshall in the American Pantheon.

EARL WARREN

By acclamation, Earl Warren ranks as one of America’s two greatest chief justices, standing alongside John Marshall in the American Pantheon.

IN THE COURSE OF READING between the lines of the written Constitution, probing the enacting procedures that produced the document, and taking account of the lived experiences of ordinary Americans, we have only sporadically considered modern Supreme Court case law. It is now time to directly engage the Court—for surely its rulings loom large in America’s unwritten Constitution.

Although it might seem odd to speak of written ...

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