From Unwritten Law to Written Constitutions

Where do "fundamental rights" actually come from? This session explores the foundations of modern rights and constitutionalism through a dual lens of history and drafting. Professor Ryan Greenwood examines the evolution of the English constitutional tradition—symbolized by Magna Carta and other pivotal documents—that provided the DNA for the American innovation of a federal constitution. Building on this context, Professor Sam Merchant (author of Revolution in Redline) investigates the lead-up to the U.S. Constitution and the specific context of its drafting and amendments. By analyzing the iterative process of the Framers, attendees will gain a deeper understanding of how medieval and early modern concepts, articulated and contested at moments of strong political conflict, were "redlined" and refined into the individual rights we recognize today.