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Making Amends, Part 2
Examines the Bill of Rights through themes of localism and populism, connecting them to Anti-Federalist concerns and explaining the original limited scope of the First Amendment.
Lecture guide · Written by AI from the lecture. For the lecture’s own words, open the Transcript tab.
Examines the first ten amendments through the themes of localism and populism, tracing their origins to Anti-Federalist concerns about central power. Akhil Reed Amar explains how juries and militias acted as local checks, why Federalists accepted these limits for national reconciliation, and how the Twelfth Amendment later redesigned the Electoral College to enable party tickets while maintaining pro-slavery advantages.
Key Takeaways
- The original Bill of Rights limited only the federal government, responding to Anti-Federalist fears of a distant central authority.
- Juries and local militias served as populist and localist checks against national judges and standing armies.
- Federalists supported the Bill of Rights to achieve national reconciliation, secure ratification from North Carolina and Rhode Island, and keep control of the amendment agenda.
- The Supreme Court did not strike down an act of Congress on First Amendment grounds until 1965.
Concepts Explained5
Exclusionary Rule—A legal rule enforcing the Fourth Amendment by suppressing and excluding evidence acquired improperly by the government during a trial, even if it shows guilt.
Taking Clause—A clause in the Fifth Amendment allowing citizens to sue for just compensation if the federal government starts taking their property.
Alien and Sedition Acts—Early controversial legislation signed by John Adams that made criticizing the federal government or the president a crime.
12th Amendment—An amendment that redesigned the rules of the Electoral College so people can run as a presidential and vice-presidential team.
Examples, Proofs & Derivations
Works & Sources Cited2
Case
Chisholm versus Georgia—Early Supreme Court case that led to the introduction of the 11th Amendment to limit federal court power.
Case
Dred Scott case—Supreme Court case decided by Roger Taney regarding slavery.