On Madison and Majoritarianism: A Response to Professor Amar

Harvard Journal of Law & Public Policy 15:113 (Winter 1992).


Some fourteen years ago, in Washington, before an audience consisting largely of law school professors and federal judges, I said there probably was not a law school in the country that did not teach constitutional law, and few that did not make it a part of the required curriculum. So far as I knew, however, none offered a course on the Constitution as such. No one in the audience took exception to that comment. I was moved to make it in part by a telephone call from my eldest daughter, then in her first year of law school, who told me that her constitutional law class began with the Fourteenth Amendment. I doubt that Professor Akhil Amar begins his course with cases dealing with the Fourteenth Amendment. As he says in his paper, much is lost by the clause-bound approach that now dominates constitutional discourse.

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