Unprecedential

Unprecedential

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Unprecedential goes on summer break: Adam and Elayne look back, and look ahead

After fifteen months and 46 episodes, Unprecedential is packing up and going to the beach. Today’s episode features Adam and Elayne reflecting on their favorite conversations thus far. They also draw out some general lessons about constitutional governance from the wide-ranging i ...  Show more

Is America's criminal justice system truly just? Judge Jed Rakoff argues for reform

The Bill of Rights provides a great number of protections for accused and convicted criminals: it promises trial by jury; it prohibits “cruel and unusual” punishment. And in this system, defendants are presumed innocent until proven guilty. Yet few criminal indictments today are ...  Show more

Fears of a setting sun: Dennis C. Rasmussen on the worries of Washington, Hamilton, Adams, and Jefferson

From today’s vantage point, the Founding era often seems a time churning with decisive hopefulness. The 1789 Constitutional Convention certainly featured vehement debate, as Gary Schmitt and Joseph Bessette noted in our last episode. But optimism appeared to prevail: on the last ...  Show more

Neither monarch nor magistrate: Joseph M. Bessette and Gary J. Schmitt on crafting a republican executive

When the Constitutional Convention began in 1787, delegates were tasked with creating a government that could simultaneously avoid monarchy’s overreaches and the Articles of Confederation’s ineffectiveness. In other words, the Convention needed to craft a republican executive. Th ...  Show more

Defining women’s rights: Erika Bachiochi on the constitutional debate over women’s equality

Since the 19th Amendment ratified women’s right to vote in 1920, the quest for women’s equality in America has taken many turns. But the philosophical lineage behind the legal and cultural debates about women’s rights remains visible in today’s disagreements. Intellectual descend ...  Show more