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Confronting Modern Case Law, Part 2 | America's Unwritten Constitution with Akhil Reed Amar

YaleCourses, 28 min, 110 views, Aug 3, 2026

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Akhil Reed Amar argues the Warren Court got most things right, then singles out the exclusionary rule as the place it genuinely made law up. Continuing the case-law prism, this lecture defends the school-prayer decisions as protecting religious liberty and equality, criticizes the exclusionary rule of Mapp v. Ohio for freeing the guilty and departing from lived practice, and traces one person, one vote from Reynolds v. Sims back to the Republican Government clause and Section 2 of the Fourteenth Amendment. Amar closes by weighing the Warren Court as a whole: faithful to the Constitution's spirit, even when it reached for the wrong clause. Chapters: 00:00 School prayer and religious equality 04:56 Why the exclusionary rule goes too far 10:55 Voting rights and one person, one vote 16:00 The Republican Government Clause 18:39 The world before the Warren Court 21:54 A different defense of the Warren Court 23:24 How both sides now claim the Warren Court 📚 Learning objectives: After watching, you'll be able to: - Explain the constitutional grounds for ending school-sponsored prayer - Critique the exclusionary rule against innocence protection and lived practice - Trace one person, one vote to the Republican Government clause and the Fourteenth Amendment - Evaluate the Warren Court's overall fidelity to the written Constitution 📺 Watch the full playlist on YouTube: https://www.youtube.com/playlist?list=PLABHWcbOLwlY 🎓 Enroll on Coursera for assessments and a certificate: https://www.coursera.org/learn/unwritten-constitution 🌐 Explore more learning opportunities on Yale Online: https://online.yale.edu/courses/americas-unwritten-constitution