Reading Between the Lines, Part 2 | America's Unwritten Constitution with Akhil Reed Amar

Can North Carolina jail a speaker for criticizing slavery, or a state indict a sitting president? Akhil Reed Amar answers both with a single structural principle. Continuing the holistic method, this lecture extends McCulloch v. Maryland to explain why a state cannot tax a national bank, a line of reasoning that runs into the dormant commerce clause. Amar then works through a free speech hypothetical set in 1850, before the Fourteenth Amendment, and argues that popular sovereignty gives Americans broad free speech nationwide. The recurring idea: a part cannot govern the whole, and no one can judge their own case. Chapters: 00:00 Why the impeachment puzzle matters 04:51 Can states tax the national bank 08:46 The Lincoln Abraham free speech hypothetical 13:57 Popular sovereignty and a broader free speech principle 17:04 Can a state prosecute a sitting president 22:29 The Andrew Johnson impeachment picture 📚 Learning objectives: After watching, you'll be able to: - Apply structural reasoning to limits on state power, including the dormant commerce clause - Explain why a state cannot prosecute a sitting president - Compare free speech protection before and after the First and Fourteenth Amendments - Assess how the part-versus-whole principle protects national elections 📺 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