Is America Unfinished or Just Getting Started? Alexandra Natapoff on 250 Years of Justice and Injustice in the United States

“As long as democracy is a collective endeavour of all the people who belong to it, in some sense it can never be finished — because we are constantly bequeathing to the next generation the opportunity and the freedom to have these conversations over and over again.” — Alexandra Natapoff It’s less than six weeks until America’s 250th birthday. The official America 250 store is selling T-shirts while Harvard Law School is doing something slightly less commercial. 62 HLS professors have written 1,000-word essays, assembled into a single volume to be published on July 4. Entitled America Unfinished: Two Hundred and Fifty Years of Law and Governance , it’s co-edited by Alexandra Natapoff , a Harvard Law professor who spent years as a federal public defender in Baltimore. The title, of course, is borrowed from the Gettysburg Address, where Lincoln charged the living with completing “the unfinished work” of those who died in the Civil War. So is America unfinished or is it just getting started? For Natapoff and other Harvard Law School professors like this year’s Pulitzer Prize-winning Jill Lepore, the answer is suitably complex. Yes and no and maybe. Everything all at once. The essays focus on 250 years of both justice and injustice in America. Perhaps the only thing all authors agree on is the central role of capitalism in the history of the United States. Follow the money, Natapoff suggests. Those dollars will transport the reader to the heart of the American story. That said, America Unfinished will certainly cost you less than a three-year Harvard Law degree. And if you wait six months, the book will be available at no cost online. So follow the money. It will take you to some unexpectedly free places. Five Takeaways • The Gettysburg Address as the Title’s Source: The book does not merely allude to Lincoln’s famous speech — it reproduces it at the front, so readers can go back to the original. In the Address, Lincoln charged the living with completing “the unfinished work” of those who died at Gettysburg — the work of building a government of the people, by the people, and for the people. Natapoff and Charles chose this frame because it captures both the challenge and the hope: democracy is unfinished in the sense that it demands active work from every generation. It is not a gift that has been fully delivered. It is a task being handed on. • America and Democracy Are Not the Same Thing: Andrew’s challenge — you use the words interchangeably — earns a concession. Natapoff’s work in criminal justice has led her to argue repeatedly that the American criminal system fails many tests of democracy: it is exclusive, inegalitarian, overly coercive, inconsistent with democratic principles. So ‘America’ and ‘democracy’ are not synonyms in the book. Many of the 62 essays disagree about the state of various pieces of governance. The book’s inquiry is whether it is fair to call any particular piece of American legal governance a democracy — which both editors consider a compliment, and not a certainty. • A Federal Public Defender in Baltimore: The Biography Behind the Scholarship: Before she became a law professor, Natapoff was a federal public defender in Baltimore’s federal courts. Her job was to be adverse to the federal government all day every day, defending some of the most vulnerable and dispossessed people in the city against the massive resources and power of the federal apparatus. Those years shaped everything: her subsequent twenty years of scholarship on criminal courts, plea bargaining, misdemeanors, and race and inequality; her book Punishment Without Crime ; and her contribution to America Unfinished . In her reading, the experience of her clients — people facing off against the federal government — is now more widely shared than it used to be. • It’s the Money, Not the Lawyers: Dan Wang’s recent book Breakneck contrasts China, run by engineers, and America, run by lawyers. Natapoff’s counter, via the book’s economic governance essays: it’s much more complicated than that. Six very different scholars who disagree about almost everything converge on a perhaps surprising answer: it’s the money. Financial interests, corporate interests, the ownership class — in one way or another, they’ve been running America. The lawyers helped. They were part of the management scheme. But they weren’t making the decisions. If you have a hammer, everything looks like a nail. • Molly Brady’s Essay: Property Law and the Destruction of Community: Asked to pick her favourite essay without starting a fight with 61 colleagues, Natapoff flags the very last one: Professor Maureen “Molly” Brady on property law. Brady argues that property law has permitted suburban sprawl and the destruction of physical community — the kind of infrastructure that makes analog life (libraries, neighbours, public space) possible — while being profligate in its support for social media and the dispersed, thinner version of community. She exhorts us to remember how law has contributed positively to communities we are proud of, and to stand up for that vision. For Natapoff, it captures both the critical nature of this moment and why lawyering still holds out some important promise. About the Guest Alexandra Natapoff is the Lee S. Kreindler Professor of Law at Harvard Law School, a 2016 Guggenheim Fellow, and a graduate of Yale University and Stanford Law School. She began her legal career as a federal public defender in Baltimore. She is the author of Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal (Basic Books) and Snitching: Criminal Informants and the Erosion of American Justice (NYU Press). She is co-editor, with Guy-Uriel Charles, of America Unfinished: Two Hundred and Fifty Years of Law and Governance (MIT Press, July 4, 2026). References: • America Unfinished: Two Hundred and Fifty Years of Law and Governance , co-edited by Alexandra Natapoff and Guy-Uriel Charles (MIT Press, July 4, 2026). Open access from January 2027. • Alexandra Natapoff, Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal (Basic Books, 2018). • Dan Wang, Breakneck: China’s Quest to Engineer the Future — referenced in the interview as the “America run by lawyers” contrast. • Lincoln’s Gettysburg Address (1863) — reproduced at the front of the book; the source of the title. About Keen On America Nobody asks more awkward questions than the Anglo-American writer and filmmaker Andrew Keen. In Keen On America , Andrew brings his pointed Transatlantic wit to making sense of the United States — hosting daily interviews about the history and future of this now venerable Republic. With nearly 2,900 episodes since ...

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Is America Unfinished or Just Getting Started? Alexandra Natapoff on 250 Years of Justice and Injustice in the United States is an episode from Keen On by Andrew Keen.

This episode is 44:41 long.

This episode was published on May 27, 2026.

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