Buy new:
$32.99
FREE delivery Tuesday, May 14 on orders shipped by Amazon over $35
Ships from: Amazon.com
Sold by: Amazon.com
$32.99
Get Fast, Free Shipping with Amazon Prime FREE Returns
FREE delivery Tuesday, May 14 on orders shipped by Amazon over $35
Or fastest delivery Friday, May 10. Order within 14 hrs
Only 17 left in stock (more on the way).
$$32.99 () Includes selected options. Includes initial monthly payment and selected options. Details
Price
Subtotal
$$32.99
Subtotal
Initial payment breakdown
Shipping cost, delivery date, and order total (including tax) shown at checkout.
Ships from
Amazon.com
Ships from
Amazon.com
Sold by
Amazon.com
Sold by
Amazon.com
Returns
Eligible for Return, Refund or Replacement within 30 days of receipt
Eligible for Return, Refund or Replacement within 30 days of receipt
This item can be returned in its original condition for a full refund or replacement within 30 days of receipt.
Read full return policy
Returns
Eligible for Return, Refund or Replacement within 30 days of receipt
This item can be returned in its original condition for a full refund or replacement within 30 days of receipt.
Read full return policy
Payment
Secure transaction
Your transaction is secure
We work hard to protect your security and privacy. Our payment security system encrypts your information during transmission. We don’t share your credit card details with third-party sellers, and we don’t sell your information to others. Learn more
Payment
Secure transaction
We work hard to protect your security and privacy. Our payment security system encrypts your information during transmission. We don’t share your credit card details with third-party sellers, and we don’t sell your information to others. Learn more
$20.67
Supports Goodwill of Silicon Valley job training programs. The cover and pages are in Good condition! Any other included accessories are also in Good condition showing use. Use can included some highlighting and writing, page and cover creases as well as other types visible wear. Supports Goodwill of Silicon Valley job training programs. The cover and pages are in Good condition! Any other included accessories are also in Good condition showing use. Use can included some highlighting and writing, page and cover creases as well as other types visible wear. See less
$3.99 delivery May 15 - 17. Details
Only 1 left in stock - order soon.
$$32.99 () Includes selected options. Includes initial monthly payment and selected options. Details
Price
Subtotal
$$32.99
Subtotal
Initial payment breakdown
Shipping cost, delivery date, and order total (including tax) shown at checkout.
Access codes and supplements are not guaranteed with used items.
Ships from and sold by Goodwill of Silicon Valley.
Amazon book clubs early access
Loading your book clubs
There was a problem loading your book clubs. Please try again.
Not in a club? Learn more
Amazon book clubs early access

Join or create book clubs

Choose books together

Track your books
Bring your club to Amazon Book Clubs, start a new book club and invite your friends to join, or find a club that’s right for you for free.
Explore Amazon Book Clubs
Kindle app logo image

Download the free Kindle app and start reading Kindle books instantly on your smartphone, tablet, or computer - no Kindle device required.

Read instantly on your browser with Kindle for Web.

Using your mobile phone camera - scan the code below and download the Kindle app.

QR code to download the Kindle App

Follow the author

George Thomas
+ Follow
More books from this author
Something went wrong. Please try your request again later.

The (Un)Written Constitution

by George Thomas (Author)
3.7 3.7 out of 5 stars 9 ratings
See all formats and editions
{"desktop_buybox_group_1":[{"displayPrice":"$32.99","priceAmount":32.99,"currencySymbol":"$","integerValue":"32","decimalSeparator":".","fractionalValue":"99","symbolPosition":"left","hasSpace":false,"showFractionalPartIfEmpty":true,"offerListingId":"CLWpgnkppeV6gGQAW5JS4W0nXdu5DqSBFEmGUM6JaGYa3O0tLximG5rt%2BgDXx8%2FFXmieB%2F1oFaJaaqdrFOZa3%2FgGTVHsdDTAl4hPNVXXWFB2U8dJl6SasP%2B%2BX0lI3uxDDGISynFKhuqWztHugNu22A%3D%3D","locale":"en-US","buyingOptionType":"NEW","aapiBuyingOptionIndex":0}, {"displayPrice":"$20.67","priceAmount":20.67,"currencySymbol":"$","integerValue":"20","decimalSeparator":".","fractionalValue":"67","symbolPosition":"left","hasSpace":false,"showFractionalPartIfEmpty":true,"offerListingId":"CLWpgnkppeV6gGQAW5JS4W0nXdu5DqSBm07KA0BPPBRp7PNZYr0u75%2FbnL7HYWnJvIGqZ7vriab8B7%2B2EiGGVP0qeTzg0DhMQGm2n%2B1RChBEhre8%2BFijYn0ftY1hmy9pey2ga65E7YGryk3WZgSPh0U5m9iwmkC%2B3mPLEP0lXB9Op%2FFS74rNNg%3D%3D","locale":"en-US","buyingOptionType":"USED","aapiBuyingOptionIndex":1}]}

Purchase options and add-ons

Illuminates the unwritten ideas that underlie our deepest debates about the written Constitution.

The late Justice Scalia relished pointing to departures from the written text of the Constitution as a departure from Constitutional law itself, but in fact his own jurisprudence relied on unwritten ideas. Given that Scalia's "textualist" approach to constitutional interpretation has become even more prominent in recent years with the elevation of Justices Gorsuch, Kavanaugh, and Barrett--all jurists in the mold of Scalia--to the Supreme Court, it is crucial that the public understands that these textualists all rely on unwritten ideas when they interpret the Constitution. Indeed, our most intense debates about America's written Constitution are not about constitutional text, but about the unwritten ideas and understandings that guide our reading of the text.

In The (Un)Written Constitution, George Thomas makes these ideas visible by turning to the practices of Supreme Court justices and political actors in interpreting the Constitution over more than two centuries. From founding debates about freedom of speech and religion to contemporary arguments about judicial review, the separation of powers, same--sex marriage, and partisan gerrymandering, he highlights the too--often unacknowledged ideas that animate our debates about the written Constitution. Contrary to the self-identified textualists, Thomas argues, these recurrent debates are not about whether to follow the text. Rather, they are disputes about what fidelity to the text requires.

Illuminating how moving beyond the text is an inescapable feature of interpreting the written Constitution, this concise primer on constitutional interpretation forces us to consider the text--and the unstated principles that lie beneath it-in a new light.
Read more Read less
Previous page
  1. ISBN-10
    0197555977
  2. ISBN-13
    978-0197555972
  3. Publisher
    Oxford University Press
  4. Publication date
    November 2, 2021
  5. Language
    English
  6. Dimensions
    8.52 x 0.76 x 5.88 inches
  7. Print length
    184 pages
  8. See all details
Next page
Amazon First Reads | Editors' picks at exclusive prices

Frequently bought together

The (Un)Written Constitution
$32.99
Get it as soon as Tuesday, May 14
Only 17 left in stock (more on the way).
Ships from and sold by Amazon.com.
+
American Constitutional Law: Governmental Powers and Democracy (Higher Education Coursebook)
$150.00
Get it as soon as Wednesday, May 15
Only 1 left in stock (more on the way).
Ships from and sold by Amazon.com.
Total price:
To see our price, add these items to your cart.
Details
Added to Cart
One of these items ships sooner than the other.
Show details Hide details
Choose items to buy together.

Editorial Reviews

Review

"I think this book will be an excellent supplement for students working their way through the canon of constitutional law and trying to understand why and how the constitution and its meaning evolve over time, even when the text does not change. In my experience,the best reads are the ones that leave us with burning questions for future scholars and thinkers to resolve. The (Un)Written Constitution certainly accomplishes that." -- Amanda Hollis Brusky, Review of Politics

"The (Un)Written Constitution is a thoughtful, well-written slim volume that I could easily see assigning in an advanced undergraduate constitutional law course. Indeed, by paying close attention to Thomas's arguments, students will surely emerge as more confident constitutional interpreters in their own right and enhance their understanding of the necessity of exploring the principles that underlie the opinions of the justices." -- Kevin J. McMahon, Trinity College, Perspectives on Politics

"The (Un)Written Constitution involves Thomas's careful elucidations of the reasoning of judges on both sides of the political divide in a series of well-known Supreme Court decisions, from the nation's inception to the present" -- KEN I . KERSCH, American Political Thought

"Before turning to the substance of Thomas' arguments, it is important to note that this book is extremely well-written and accessible enough for well-informed non-lawyers but also sufficiently sophisticated to appeal to constitutional law professors―no easy trick. Above all, Thomas does a masterful job presenting opposing arguments in their strongest lights before he tears them down. He takes textualist arguments seriously, even when he rejects them, which is exactly how a scholar should treat counterarguments." -- Eric Segall, Georgia State University College of Law, The New Rambler

"The (Un)Written Constitution is a marvelously concise and myth-busting account of America's central constitutional debates. By proving beyond dispute that all constitutional interpreters must rely on unwritten assumptions and political theories to make sense of the constitutional text, Thomas helps lift the fog of confusion that shrouds so much constitutional controversy. A must read for judges, students, and citizens: all who seek to understand the meaning of our founding texts." -- Stephen Macedo, Laurance S. Rockefeller Professor of Politics and Human Values, Princeton University

"All constitutional interpretation begins somewhere within the four corners of the text. But as George Thomas argues in this crisply written, astute, and occasionally ironic analysis, how jurists read and interpret that text always rests upon some set of notions about the political theory of the Constitution, the moral values embedded in it, and a host of other ideas about the enterprise of legal interpretation. For Thomas, these are the '(un)written' parts of the Constitution that appear nowhere in its text but that permeate the whole messy enterprise of interpretation that he deftly dissects." -- Jack Rakove, William R. Coe Professor of History and American Studies, Emeritus, Stanford University

"Thomas argues that textualists and originalists, no less than living constitutionalists and moral readers, make judgments based on unwritten understandings of the Constitution-debatable interpretations of its fundamental concepts, principles, and commitments, as well as of the underlying political theory embodied in the Constitution. Thus, contrary to common assertions, our disagreements in constitutional interpretation are not between those who stick to the text and those who go outside it. This is a timely, accessible, and compelling book." -- James E. Fleming, The Honorable Paul J. Liacos Professor of Law, Boston University School of Law

"This book persuasively shows that our central constitutional disagreements are not about the written text, but about unwritten ideas and understandings. Thomas succeeds in showing that this distinction between the unwritten and written is a misleading one and that the Constitution is most notably a work of applied political theory. All justices appeal to the underlying political theory of the document, a theory that in many cases they often disagree about. The book nicely draws on historical and contemporary examples to advance this argument." -- Sonu Bedi, Joel Parker 1811 Professor in Law and Political Science and Professor of Government, Dartmouth College

About the Author

George Thomas is Wohlford Professor of American Political Institutions and Director of the Salvatori Center for the Study of Individual Freedom at Claremont McKenna College. He is the author of The Madisonian Constitution and The Founders and the Idea of a National University: Constituting the American Mind, and co-author of the two-volume American Constitutional Law: Essays, Cases, and Comparative Notes. He has published numerous scholarly articles on Constitutional Law and American Constitutionalism, and his essays have appeared in The Atlantic and The Washington Post. He has received fellowships from the National Endowment for the Humanities and the Huntington Library, and is the recipient of the Alexander George Award from the American Political Science Association.

Product details

  • Publisher ‏ : ‎ Oxford University Press (November 2, 2021)
  • Language ‏ : ‎ English
  • Hardcover ‏ : ‎ 184 pages
  • ISBN-10 ‏ : ‎ 0197555977
  • ISBN-13 ‏ : ‎ 978-0197555972
  • Item Weight ‏ : ‎ 11.8 ounces
  • Dimensions ‏ : ‎ 8.52 x 0.76 x 5.88 inches
  • Customer Reviews:
    3.7 3.7 out of 5 stars 9 ratings

About the author

Follow authors to get new release updates, plus improved recommendations.
George Thomas

George Thomas

Brief content visible, double tap to read full content.
Full content visible, double tap to read brief content.

George Thomas is Wohlford Professor of American Political Institutions and Director of the Salvatori Center for the Study of Individual Freedom at Claremont McKenna College. He is the author of The Madisonian Constitution and The Founders and the Idea of a National University: Constituting the American Mind, and co-author of the two-volume American Constitutional Law: Essays, Cases, and Comparative Notes. He has published numerous scholarly articles on Constitutional Law and American Constitutionalism, and his essays have appeared in The Atlantic and The Washington Post. He has received fellowships from the National Endowment for the Humanities and the Huntington Library, and is the recipient of the Alexander George Award from the American Political Science Association.

Customer reviews

3.7 out of 5 stars
3.7 out of 5
9 global ratings

Top review from the United States

Norman Monson
1.0 out of 5 stars You wont understand what you read, Ill tell you what it really says
Reviewed in the United States on April 22, 2023
Even his title is insulting, suggesting the Constitution isn't what you are reading. But its the hidden meanings. Forever arguing in favor of debating the content and once again a full of hubris Academic that holds interpretation as the key. In the immortal words of Bill Clinton, it depends on what your definition of the word is, is. More of the same old word salad psycho babel that for decades now has been the prime directive for the subversive left. Who want you to believe, the Constitution doesn't say what you think it says. I'll tell you what the real hidden interpretation says they claim.
Here's the problem, his interpretations, even his suggestions how to understand said Constitution depends on you believing ideas and concepts they come up with as legitimate interpretations because they were either argued by Supreme court justices, or they merely infer founders intent based on something completely unassociated. What's worse is the founders left behind a great many personal letters that literally make clear what they intended to mean.

Even though there were several drafts of the first Constitution, and much arguing amongst the founders even over the addition of the Bil of Rights. Federalists wanted a stronger more centralized federal government Jefferson and his anti federalists believed in states rights and decisions remain with them.
What this author neglects to mention is Federalist didnt want more centralized powerful federal government for the same reasons liberals do today. They realized Washingtons difficulties with armed conflicts and continuing future conflicts that seemed to loom coming from Europe. Washington only wanted the ability to create an Army and Navy he could call up fast to handle rebellions or wars without the waiting time it took to gather militia from every state to defend the nation.
There is no ambiguity in the Constitution, no great need for interpretation, for with the notion of hidden meanings and interpretation lies the wiggle room they seek to garner more power. All to often people like this author use such practices to create doubt, confusion, and then dissent.

My proof this author promotes fictional ideas with supposition with no factual, even proven false notions of intent where there were none.

1. At one point he tries to argue that America is not simply a Republic, and that the left today who always call us a democracy are also right. He;'s wrong and there are several examples why.
Benjamin Franklin is quoted in a local newspaper after leaving the finalization of the Constitution, a lady reporter asked him from across the street, "So Mr. Franklin what form of government did you give us? He replied a Republic madam if you can keep it. The founders knew it would require diligence and involvement by the people to keep a Republic. Democracy is nothing more than mob rule 51 percent can literally steal everything the other 49 percent owns.

2. The word Democracy is not found any where in any of our founding documents, not once.

4 Thomas Jefferson wjo wrote most of the Constitution is quoted saying Democracy always leads to Despotism and Monarchy, he hated Democracy and had almost an irrational fear of it. I said almost, until you realize what the people of the time had to overcome resulting from a Democracy.
The role of government as [America’s founders] saw it, was to protect the rights of individuals, and the biggest threat to individual liberty was the government itself, as it always turned to be so. So they designed a government with constitutionally limited powers, constrained to carry out only those activities specifically allowed by the Constitution. They also added statements
like To promote the general welfare and provide for the common defense. Think about those two very distinct words and why they chose to use them specifically. They obviously intended the federal government's only real mandate was to keep us safe by provision, yet only promote ( not fund) the general welfare.
The powers embodied in America’s twenty-first-century democratic government are those that eighteenth-century Americans revolted against to escape.

One of Madison's arguments with Jefferson about the Bill of Rights was that Madison asked why Jefferson thought we needed it so bad. Madison said to Jefferson he thought the basics of the amendments were already in the Constitution Jefferson said he wanted it be spelled out and unambiguous, Madison replied with how much more clear can it be?

For instance The second amendment
A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.

Now looking at that you can easily wonder how anyone could not be clear about its meaning. there is no interpretation issue.
In the past they have argued what militia means, what bare arms means, even what shall not be infringed means. Make no mistake anyone who tries to tell you that doesnt mean what it sounds like it means is a con artist, dont take my word for it ask the founders.

Lastly the only thing the Constitution guarantees is a Republican form of government. It's written in it clear as day.
It's the same thing as trying to claim there's gun crimes and gun violence. Nonsense, I ve never seen a gun rob a bank, nor have I seen one get violent. It's nothing more than a game to destroy individual rights and freedom.
Shame on anyone who tries to do so.
Helpful
 Report