Constructing the Constitutional Imagination: A Symposium in Honor of Ken I. Kersch

February 20, 2025 | 12:00 pm听| Murray Room | Please to Attend

Event Overview听

On February 20, 2026, the Clough Center will host a conference in honor of Ken I.听Kersch, who passed away last November. In addition to directing the Clough Center from 2008 to 2012,听Kersch听served as a professor in 糖心传媒's Political Science Department, where he taught听classes on American conservatism, political thought, constitutional development, and civil liberties. A revered teacher and author of 5 books,听Kersch听was the recipient of, among other honors, the American Political Science Association's 2020 C. Herman Pritchett Award for the best book on law and courts.听

The Clough Center's conference will coincide with the publication of a special听issue of the听Journal of American Constitutional History听that engages with听Kersch's work in political science, history, and law. Speakers include Aziz Rana (Boston College), Sophia Lee (Penn), Mark Graber (Maryland), Justin Dyer (UT Austin), Mary Ziegler (UC Davis), Sanford Leinvson (UT Austin), Julie Novkov (SUNY Albany), Jonathan Gienapp (Stanford), Rogers Smith (Penn), Linda McClain (BU), James Fleming (BU), George Thomas (Claremont McKenna), Logan Sawyer (Georgia), Michael Dichio (Utah), Paul Herron (Providence), Sean Beienburg (Arizona State), Clement Fatovic (Florida International), Austin Steelman (Clemson), and Calvin TerBeek (Claremont McKenna).听

The Law School and Political Science departments are co-sponsoring this event.

Dennis J. Wieboldt III 鈥 Bio

Dennis J. Wieboldt III
J.D./Ph.D. Student in History听听听
University of Notre Dame听

Dennis Wieboldt is a J.D./Ph.D. student in history at the University of Notre Dame, where he is a Richard and Peggy Notebaert Premier Fellow at the Graduate School and at the Law School. The first Notre Dame student to , Dennis has authored more than a dozen scholarly articles and book chapters on religious liberty, civil rights, constitutional interpretation, and related subjects.

Dennis earned his B.A. summa cum laude and Phi Beta Kappa from Boston College, where he was recognized as a Dean鈥檚 Scholar and Scholar of the College. Among other undergraduate honors鈥攊ncluding the Cardinal O鈥機onnell Theology Award, History Czar Award, and Nicholas H. Woods Award for Student Leadership鈥擠ennis received the 2022 McCarthy Prize in the Humanities, a distinction conferred upon the best thesis in the humanities by Boston College鈥檚 Morrissey College of Arts and Sciences. After earning his B.A., Dennis earned an M.A. in history from Boston College.

Dennis鈥檚 scholarship is available on and .


Jonathan Laurence 鈥 Bio

Jonathan Laurence
Professor of Political Science & Director
Clough Center for the Study of Constitutional Democracy
Boston College

Jonathan Laurence is Professor of Political Science at Boston College and Director of the Clough Center for the Study of Constitutional Democracy . A specialist in comparative politics, Laurence has conducted fieldwork in more than a dozen countries, held fellowships in France, Germany, and Italy, and served as a non-resident senior fellow at the Brookings Institution in Washington, DC. He holds a B.A., summa cum laude, from Cornell University, a C.E.P. from Sciences Po, and an M.A. and Ph.D. in Government from Harvard University.

Professor Laurence鈥檚 scholarship focuses on politics and religion in Western Europe, Turkey, and North Africa. He is the co-author of Integrating Islam: Political and Religious Challenges in Contemporary France (2006) and the author of The Emancipation of Europe鈥檚 Muslims: The State鈥檚 Role in Minority Integration (2012). In his latest work, Coping with Defeat: Islam, Catholicism, and the Modern State (2021), Laurence offers a geographically and historically wide-ranging comparative analysis of Islamic and Catholic political-religious empires. Arguing that Catholicism and Sunni Islam have employed analogous strategies for responding to the loss of political power, Laurence suggests that their histories have much to teach contemporary democracies and religious leaders about combatting extremism, preserving the spiritual authority of religious tradition in 鈥渟ecular鈥 states, and promoting peace in polarized societies. Professor Laurence鈥檚 scholarship has won acclaim from many organizations, including the American Academy in Berlin and the American Library Association. Most recently, in 2022, the American Political Science Association named Coping with Defeat the Best Book in Religion and Politics, which was his fourth APSA award.

Outside of the academy, Professor Laurence is a prolific and respected analyst. During his stint at the Brookings Institution (2008鈥2018), he addressed lawmakers on Capitol Hill, briefed diplomats, led a team of analysts at the State Department, and served on the Foreign Policy committee of two presidential campaigns. He is a lifetime member of the Council on Foreign Relations, and his research and commentary on international affairs have been featured on CNN and in the Washington Post. He has also published essays in the New York Times, Le Monde, Der Spiegel, the Frankfurter Allgemeine Zeitung, and the Wall Street Journal.


Linda C. McClain 鈥 Bio

Linda C. McClain
Robert Kent Professor of Law听听听
Boston University

Linda C. McClain is the Robert Kent Professor of Law at Boston University School of Law, where she is a co-director of the BU Program in Reproductive Justice . She is affiliated faculty in BU鈥檚 Women鈥檚, Gender & Sexuality Studies Program . She writes and teaches about family law, gender and law, feminist legal theory, and civil rights. She also writes about law and literature. With James E. Fleming, she is author of the forthcoming book, 鈥淲hat Shall Be Orthodox鈥 in Polarized Times (under contract with University of Chicago Press) (with James E. Fleming).

Her other books include: Who鈥檚 the Bigot? Learning from Conflicts Over Marriage and Civil Rights Law (Oxford University Press, 2020); and the Routledge Companion to Gender and COVID-19 (Routledge, 2024) (co-edited with Aziza Ahmed); The Place of Families: Fostering Capacity, Equality, and Responsibility (Harvard University Press, 2006); Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard, 2013) (with James E. Fleming); Gender Equality: Dimensions of Women鈥檚 Equal Citizenship (Cambridge University Press, 2009; pbk ed., 2012) (co-edited with Joanna L. Grossman); and the co-authored casebook, Contemporary Family Law (West Academic, 6th ed. 2023).

She is a former faculty fellow at Harvard University鈥檚 Edmond & Lily Safra Center for Ethics and at Princeton University鈥檚 Center for Human Values. She is a member of the American Law Institute. A contributor to JOTWELL, she is also on the editorial board of the Journal of Law and Religion and Signs.听 Professor McClain and Ken Kersch co-edited three volumes of the annual Tulsa Law Review book review issue: Volumes 49:2 (2014); 50:2 (2015), and 51:2 (2016).


Linda C. McClain 鈥 Bio

James E. Fleming
The Honorable Paul J. Liacos Professor of Law
Boston University

James E. Fleming is The Honorable Paul J. Liacos Professor of Law at Boston University School of Law. His many books include 鈥What Shall Be Orthodox鈥 in Polarized Times (under contract with University of Chicago Press) (with Linda C. McClain); Constructing Basic Liberties: A Defense of Substantive Due Process (University of Chicago Press, 2022); Fidelity to Our Imperfect Constitution: For Moral Readings and Against Originalisms (Oxford University Press, 2015); Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) (with Linda C. McClain); Constitutional Interpretation: The Basic Questions (Oxford University Press, 2007) (with Sotirios A. Barber); and Securing Constitutional Democracy: The Case of Autonomy (University of Chicago Press, 2006). After earning his A.B. at University of Missouri (Political Science), he received a Ph.D. in Politics from Princeton University and a J.D. from Harvard Law School. He has held faculty research fellowships at Princeton University's Program in Law and Public Affairs and Harvard University's Edmond & Lily Safra Center for Ethics. He is the former Editor of Nomos, the annual book of the American Society for Political and Legal Philosophy, and the past Secretary-Treasurer and President of the Society. His rich intellectual colloquy with Ken Kersch over the years, plus Ken鈥檚 incredible generosity and curiosity, led to Ken鈥檚 writing review essays in symposia on three of his books (including one book co-authored with Linda McClain).


Linda C. McClain 鈥 Bio

Logan E. Sawyer III
J. Alton Hosch Professor of Law
University of Georgia

Logan E. Sawyer III joined the University of Georgia School of Law in 2010 and was promoted to the rank of full professor and named a J. Alton Hosch Professor of Law in 2021. As the law school's director of undergraduate studies, he helped create and currently oversees the law school鈥檚 new undergraduate minor in Law, Jurisprudence, and the State.

He was a visiting professor at Harvard Law School in 2014-15, 2016 and 2019. He has also been a Law Research Fellow at the Georgetown University Law Center and taught courses on American legal history at the University of Virginia. His academic interests focus on the relationship between law and political institutions in American history.

His current book project, Partisan Jurisprudence: A Political History of Originalism, 1942-1992, is under contract with Studies in Legal History at Cambridge University Press. His recent scholarship includes: 鈥淥riginalism as Partisan Jurisprudence: The Guidelines on Constitutional Litigation inside the Reagan Administration鈥 in the American Journal of Constitutional History (forthcoming 2025), 鈥淥riginalism from the Soft Southern Strategy to the New Right鈥 in 33 Journal of Policy History 32 (2020), 鈥淢ethod and Dialogue in History and Originalism鈥 in 37 Law & History Review 847 (2019), "Principle and Politics in the New History of Originalism" in 57 American Journal of Legal History 198 (2017) and "Conservative Lawyers, the Other Rights Revolution, and the Remaking of American Conservatism" in 40 Harvard Journal of Law and Public Policy 729 (2016).

Before he began teaching, Sawyer served at the White House as associate counsel for the Homeland Security Council and as a trial attorney at the Department of Justice Office of Consumer Litigation. He entered government service as part of DOJ鈥檚 Honors Program. He was a judicial clerk for Judge Jane R. Roth of the U.S. Court of Appeals for the Third Circuit and for Justice Robert F. Orr of the North Carolina Supreme Court. He became a member of the UGA Teaching Academy in 2021.

Sawyer earned his B.S.P.H. in environmental science and his B.A. in history from the University of North Carolina. He earned his J.D. and Ph.D. in American history from the University of Virginia.


Linda C. McClain 鈥 Bio

Julie Novkov
Professor & Dean, Rockefeller College of Public Affairs & Policy
State University of New York at Albany
Julie Novkov is the Dean of the Rockefeller College of Public Affairs & Policy, a Collins Fellow, and Professor of Political Science and Women鈥檚, Gender, and Sexuality Studies at the University at Albany, SUNY. Serving as Dean since 2023, she has been a faculty member at UAlbany since 2006. Her research and teaching address law, history, US political development and subordinated identity. She views law as both a system of political and social control and as a site for reform through activists鈥 pressure. She is particularly interested in the way that the law defines and translates categories associated with identity, such as race and gender, and the ways that these categories transform and are transformed by legal discourse.

Dean Novkov is the author of several books and co-edited volumes, most recently coauthoring with Carol Nackenoff (University Press of Kansas 2022). Her (University of Michigan Press 2008) was the co-recipient of the American Political Science Association鈥檚 2009 Ralph Bunche Award for the best scholarly work in political science which explores the phenomenon of ethnic and cultural pluralism. This book argues that the criminal regulation of interracial intimacy played a pivotal role in shaping and reflecting the development of white supremacy in Alabama between the end of the Civil War and the beginning of the Civil Rights Era. Her first book, (University of Michigan Press 2001), addressed gender and constitutional development, rereading through the lens of gender the history of the courts' unwillingness to accept protective legislation for workers in the late nineteenth and early twentieth centuries. She and Carol Nackenoff co-edited (University Press of Kansas 2020) and (University of Pennsylvania Press 2014), and she also co-edited (with Joseph Lowndes and Dorian Warren, Routledge Press in 2008), and (with UAlbany professor Barbara Sutton and Sandra Morgen, Rutgers University Press 2008). She has also published many articles and book chapters.

Dean Novkov served as a co-editor American Political Science Review from 2020 through 2024 and is now a co-editor of the at the University Press of Kansas. She chaired the Political Science Department from 2011-2017 and was President of the Western Political Science Association from 2016-2017. In the , she served on the Executive Council, presided over the Law and Courts as well as the Sexuality and Politics Section, and chaired the LGBT Status Committee. She has also served extensively in the Western Political Science Association, other scholarly organizations, and on editorial boards for several journals. She enjoys sharing her expertise in the public sphere and has written for the Washington Post, The Conversation, and several other news outlets.

Linda C. McClain 鈥 Bio

Sanford V. Levinson
W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law University of Texas at Austin

Sanford Levinson, who holds the W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law, joined the University of Texas Law School in 1980. Previously a member of the Department of Politics at Princeton University, he is also a Professor in the Department of Government at the University of Texas. Levinson is the author of approximately 450 articles, book reviews, or commentaries in professional and popular journals--and a regular contributor to the popular blog Balkinization. He has also written seven books: Constitutional Faith (1988, winner of the Scribes Award, 2d edition 2011); Written in Stone: Public Monuments in Changing Societies (1998, 2d ed. 2018); Wrestling With Diversity (2003); Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It) (2006); Framed: America's 51 Constitutions and the Crisis of Governance (2012); An Argument Open to All: Reading the Federalist in the 21st Century (2015); Democracy and Dysfunction (with Jack Balkin) (2018); and, with Cynthia Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (2017, 2d ed. 2019, graphic novel ed. 2020). Edited or co-edited books include a leading constitutional law casebook, Processes of Constitutional Decisionmaking (6th ed. 2015, with Paul Brest, Jack Balkin, Akhil Amar, and Reva Siegel); Nullification and Secession in Modern Constitutional Thought (2016); Reading Law and Literature: A Hermeneutic Reader (1988, with Steven Mallioux); Responding to Imperfection: The Theory and Practice of Constitutional Amendment (1995); Constitutional Stupidities, Constitutional Tragedies (1998, with William Eskridge); Legal Canons (2000, with Jack Balkin); The Louisiana Purchase and American Expansion (2005, with Batholomew Sparrow); Torture: A Collection (2004, revised paperback edition, 2006); The Oxford Handbook on the United States Constitution (with Mark Tushnet and Mark Graber, 2015); and Constitutional Democracy in Crisis? (with Mark Tushnet and Mark Graber, 2018). He received the Lifetime Achievement Award from the Law and Courts Section of the American Political Science Association in 2010.

He has been a visiting faculty member of the Boston University, Georgetown, New York University, and Yale law schools in the United States and has taught abroad in programs of law in London; Paris; Budapest; Jerusalem; Auckland, New Zealand; and Melbourne, Australia. He has also been a regular visitor at the Harvard Law School since 2004. He was also affiliated between 1984-2016 with the Shalom Hartman Institute on Jewish Philosophy in Jerusalem. He was a Fellow at the Institute for Advanced Study in Princeton in 1985-86 and a Member of the Ethics in the Professions Program at Harvard in 1991-92. A member of the American Law Institute, Levinson was elected to the American Academy of Arts and Sciences in 2001. He is married to Cynthia Y. Levinson, a writer of children's literature, and has two daughters and four grandchildren.


Linda C. McClain 鈥 Bio

Aziz Rana
J. Donald Monan, S.J., University Professor of Law and Government
Boston College
Aziz Rana is the J. Donald Monan, S.J., University Professor of Law and Government. He joins Boston College from Cornell Law School, where he was the Richard and Lois Cole Professor of Law.

His research and teaching center on American constitutional law and political development. In particular, Rana鈥檚 work focuses on how shifting notions of race, citizenship, and empire have shaped legal and political identity since the founding of the country.

His first book, The Two Faces of American Freedom (Harvard University Press) situates the American experience within the global history of colonialism, examining the intertwined relationship in American constitutional practice between internal accounts of freedom and external projects of power and expansion. His latest book, The Constitutional Bind: How Americans Came to Idolize a Document that Fails Them (University of Chicago Press, 2024), explores the modern emergence of constitutional veneration in the twentieth century 鈥 especially against the backdrop of growing American global authority 鈥 and how veneration has influenced the boundaries of popular politics.

Rana has written essays and op-eds for such venues as n+1, Dissent, The Boston Review, The Washington Post, The New York Times, New Labor Forum, Jacobin, The Guardian, The Chronicle of Higher Education, The Nation, Jadaliyya, Salon, and The Law and Political Economy Blog. He has articles and chapter contributions published or forthcoming with Yale and Oxford University Presses, The University of Chicago Law Review, California Law Review, UCLA Law Review, Texas Law Review, and the Yale Law Journal Forum, among others.

Rana is an editorial board member of Dissent, The Law and Political Economy Blog, Just Security, and The Journal of American Constitutional History. He is also a Life Member of the Council on Foreign Relations and a Non-Resident Fellow at the Quincy Institute for Responsible Statecraft.

He received his A.B. from Harvard College summa cum laude and his J.D. from Yale Law School. He earned a Ph.D. in political science at Harvard University, where his dissertation was awarded the University's Charles Sumner Prize.


Linda C. McClain 鈥 Bio

Calvin TerBeek
Assistant Professor of Government
Claremont McKenna College
Calvin TerBeek is an Assistant Professor of Government. His research focuses on polarization, political parties and political ideology, and public law. Specifically, his book manuscript delineates how polarization developed over the past century, as liberals and conservatives cleaved on the Constitution and control over the institutions of the 鈥淓stablishment.鈥澨鼿e is working on a (co-authored) second book manuscript on legal liberal and progressive groups and why they're ineffectual vis-脿-vis conservative legal groups.听His research has been published in American Political Science Review, Law & Social Inquiry, Studies in American Political Development, American Political Thought, and an Oxford Handbook chapter, among other venues.听He holds a B.A. in Political Science from the University of Wisconsin鈥揗ilwaukee, a J.D. from Tulane University School of Law, and a Ph.D. in Political Science from the University of Chicago.

Linda C. McClain 鈥 Bio

Mark Graber
University System of Maryland Regents Professor of Law
University of Maryland at College Park
Professor Graber held a faculty position in the Department of Government and Politics at the University of Maryland, College Park, from 1993 to 2007 and taught at the University of Maryland School of Law as an adjunct professor beginning in the fall of 2002. In 2004, he was appointed Professor of Government and Law at Maryland Carey Law, a title he held until May 1, 2015, at which time he received an appointment as the Jacob A. France Professor of Constitutionalism. In 2016, he was named Regents Professor, one of only seven Regents Professors in the history of the University System of Maryland and the only Regents Professor on the UMB campus. Professor Graber received the Lifetime Achievement Award from the Law and Courts Section of the American Political Science Association in 2023. In 2025, the Guggenheim Foundation awarded him a Dorothy Tapper Goldman Foundation Fellowship in Constitutional Studies. Professor Graber was appointed as Distinguished University Professor in 2025.

He served as associate dean for research and faculty development from 2010 to 2013. He has also been one of the organizers of the annual Constitutional Law "Schmooze", which attracts scholars from across the country to the law school.

Professor Graber is recognized as one of the leading scholars in the country on constitutional law and politics. He is the author of A New Introduction to American Constitutionalism (Oxford 2013), Dred Scott and the Problem of Constitutional Evil (Cambridge, 2006), and co-editor (with Keith Whittington and Howard Gillman) of American Constitutionalism: Structures and Powers and American Constitutionalism: Rights and Powers, both also from Oxford University Press, and co-editor with Mark Tushnet and Sandy Levinson of Constitutional Democracy in Crisis (Oxford 2018). His most recent book is Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform After the Civil War (Kansas, 2023).

Professor Graber is also the author of over 100 articles, including "The Non-Majoritarian Problem: Legislative Deference to the Judiciary" in Studies in American Political Development, "Naked Land Transfers and American Constitutional Development," published in the Vanderbilt Law Review, and "Resolving Political Questions into Judicial Questions: Tocqueville鈥檚 Aphorism Revisited," published by Constitutional Commentary.

He has been a visiting faculty member at Harvard University, Yale Law School, the University of Virginia School of Law, the University of Pennsylvania, the University of Toronto, the University of Oregon School of Law, and Simon Reichman University.


Linda C. McClain 鈥 Bio

Sean Beienburg
Associate Professor of Civic Thought and Leadership
Arizona State University

After growing up in Phoenix, Sean Beienburg attended Pomona College in Claremont, California, graduating with majors in politics and history, and completed his doctorate in politics at Princeton University in New Jersey. Before coming to ASU, he taught at Haverford College and was an assistant professor at Lehigh University in Pennsylvania.

Beienburg's teaching and research interests include the U.S. Constitution and constitutional law, federalism and state constitutionalism/politics, Arizona constitutionalism, American political thought and development, executive power (both presidential and gubernatorial), parties and interest groups, 19th and early 20th century political and constitutional history, and Prohibition.

He is the author of (published by the University of Chicago Press, 2019) and (University Press of Kansas, 2024).

Before beginning his sabbatical/research leave (2025鈥2026), he recently served as the Associate Director of SCETL as well as the Director of the . He is the project director of the initiative.

In addition to his constitutional work, he has also written about the political themes of Christopher Nolan's Dark Knight trilogy and the Daniel Craig-era James Bond films.


Linda C. McClain 鈥 Bio

Jack M. Balkin
Knight Professor of Constitutional Law and the First Amendment
Yale University

Jack M. Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School. He is the founder and director of Yale's Information Society Project, an interdisciplinary center that studies law and new information technologies. He also directs the Abrams Institute for Freedom of Expression, and the Knight Law and Media Program at Yale.Professor Balkin is a member of the American Academy of Arts and Sciences and the American Law Institute. He is the author of over 150 articles in different fields, including constitutional theory, internet law, freedom of speech, reproductive rights, jurisprudence, and the theory of ideology. He founded and edits the group blog Balkinization, and has written widely on legal issues for such publications The New York Times, The Washington Post, New England Journal of Medicine, The American Prospect, The Atlantic, Washington Monthly, The New Republic, and Slate.


His books include 鈥淢emory and Authority: The Uses of History in Constitutional Interpretation鈥 (Yale, 2024); 鈥淭he Cycles of Constitutional Time鈥 (Oxford, 2020); "Democracy and Dysfunction鈥 (with Sanford Levinson) (Chicago, 2019); 鈥淟iving Originalism鈥 (Belknap, 2011); 鈥淐onstitutional Redemption: Political Faith in an Unjust World鈥 (Harvard, 2011); 鈥淧rocesses of Constitutional Decisionmaking鈥 (with Levinson, Amar, Siegel, and Rodr铆guez) (Aspen, 8th ed., 2022); 鈥淐ultural Software: A Theory of Ideology鈥 (Yale, 1998); 鈥淭he Laws of Change: I Ching and the Philosophy of Life鈥 (Schocken, 2002); and 鈥淲hat Brown v. Board of Education Should Have Said鈥 (NYU, 2001).


Professor Balkin received his Ph.D. in philosophy from Cambridge University, and his A.B. and J.D. degrees from Harvard University. He served as a clerk for Judge Carolyn D. King of the United States Court of Appeals for the 5th Circuit and practiced as an attorney at Cravath, Swaine, and Moore in New York City before entering the legal academy. He has been a member of the law faculties at the University of Texas and the University of Missouri-Kansas City, and a visiting professor at Harvard University, New York University, the Buchman Faculty of Law at Tel Aviv University, and the University of London.


Linda C. McClain 鈥 Bio

Clement Fatovic
Professor of Politics and International Relations
Florida International University

Dr. Fatovic鈥檚 primary research and teaching interests are in modern and contemporary political and constitutional theory, including American political thought, democratic theory, and executive power.

Professor Fatovic鈥檚 research focuses primarily on the development of liberalism and modern constitutionalism in seventeenth- and eighteenth-century political thought, especially at the American Founding. Much of his research has explored how liberal political thinkers such as John Locke, Alexander Hamilton, and Thomas Jefferson have addressed the limits of the law and the dangers of discretionary power in dealing with emergencies and other extraordinary occurrences. He is particularly interested in the relevance of their ideas to current debates over the tensions between emergency powers and the rule of law in the context of the 鈥渨ar on terror.鈥

His first book, Outside the Law: Emergency and Executive Power (The Johns Hopkins University Press, 2009), examines the extra-legal powers of the executive in liberal constitutional thought from John Locke to the creation of the American presidency. Extra-Legal Power and Legitimacy: Perspectives on Prerogative (Oxford University Press, 2013), which was co-edited with Benjamin A. Kleinerman, surveys the ways that different models of emergency power legitimize and constrain the use of extra-legal measures.

In 2015, Professor Fatovic published America鈥檚 Founding and the Struggle over Economic Inequality (University Press of Kansas), which surveys debates over the proper role of the government in dealing with various forms of economic inequality during the early decades of the American Republic. He is currently working on a book project that explores how treason has functioned in law and in rhetoric to constitute political authority and legitimacy, fix the boundaries of political community and identity, and establish the parameters of permissible thought.

Professor Fatovic鈥檚 articles have appeared in academic journals such as the American Journal of Political Science, Perspectives on Politics, History of Political Thought, Journal of the History of Ideas, American Political Thought, the Maryland Law Review, and Constitutional Studies. He is also the co-editor with Sean Noah Walsh of Interpretation in Political Theory (Routledge, 2016).


Linda C. McClain 鈥 Bio

Austin L. Steelman
Assistant Professor of History
Clemson University
Professor Steelman is a historian of twentieth-century America with specializations in the legal and political history of American conservatism and evangelicalism. His current book project, Paper Gods: The Bible, the Constitution, and the Evangelical Revolt Against Modernity, 1923-1986, examines the connections between the theological doctrine of biblical inerrancy and the legal theory of constitutional originalism. Relying on archives from across the United States, he looks at the intellectual importance of these two text-based ideologies to the formation, spread, and influence of the evangelical right beginning in the 20th century and continuing to today. Prior to graduating from Stanford, Professor Steelman attended Harvard Law School and worked for two years as an intellectual property litigator.

Linda C. McClain 鈥 Bio

George Thomas
Burnet C. Wohlford Professor of American Political Institutions
Claremont McKenna College

George Thomas is Wohlford Professor of American Political Institutions and Director of the Salvatori Center at Claremont McKenna College. His research and teaching focus broadly on American constitutionalism.

He is the author of The (Un)Written Constitution (Oxford University Press, 2021), The Founders and the Idea of a National University: Constituting the American Mind (Cambridge University Press, 2015), and The Madisonian Constitution (Johns Hopkins University Press, 2008).

In addition to numerous scholarly articles, his work also has appeared in The Atlantic, The Bulwark, 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.


Linda C. McClain 鈥 Bio

Michael A. Dichio
Associate Professor of Political Science
University of Utah

Michael A. Dichio is an associate professor in the Department of Political Science. He teaches classes on Constitutional Law, Civil Rights and Liberties, Law and Politics, and American Political Institutions. His research centers on American political and constitutional development with a focus on the U.S. Supreme Court and constitutional law.

Dichio's book, The US Supreme Court and the Centralization of Federal Authority (2018, SUNY Press), appears in SUNY Press's American Constitutionalism series. It traces how the Court's constitutional jurisprudence affects the growth of the federal government from the founding era forward, and how this jurisprudence persistently centralizes and consolidates the reach and scope of the federal government.

His research has also appeared in Studies in American Political Development, Publius: The Journal of Federalism, and Just Security, among other places.

Dichio received his Ph.D. in Government from Cornell University in 2014, and his undergraduate degree in political science and history, with honors, from Boston College, and is a member of the Order of the Cross and the Crown. Prior to joining the University of Utah, he was an assistant professor at Fort Lewis College, a public liberal arts college in Durango, Colorado.


Linda C. McClain 鈥 Bio

Paul Herron
Associate Professor of Political Science
Providence College

Dr. Paul Herron is Associate Professor of Political Science at Providence College. His teaching and research interests are in Public Law, American Political Development, Southern Politics, and American Constitutional Development.

His most recent article, 鈥The Constitutional Foundations of White Supremacy: Evidence from the States鈥 (co-authored with Daniel Kryder), appears in Publius: The Journal of Federalism. He has also published in Studies in American Political Development and the Journal of Policy History.

His 2017 book, Framing the South: The State Constitutional Conventions of Secession, Reconstruction, and Redemption 1860鈥1902 (University Press of Kansas), explores state constitutional development in the American South.

Herron received his Ph.D. in Politics from Brandeis University, J.D. from Northeastern University School of Law, and B.A. in History (Phi Beta Kappa) from American University.


Linda C. McClain 鈥 Bio

Rogers M. Smith
Christopher H. Browne Distinguished Emeritus Professor of Political Science
University of Pennsylvania

Professor Smith centers his research on constitutional law, American political thought, and modern legal and political theory, with special interests in questions of citizenship, race, ethnicity, and gender. He is the author or co-author of nine books and numerous articles.

His 1997 book, Civic Ideals: Conflicting Citizenship in U.S. History, was a Finalist for the Pulitzer Prize in History. He received five teaching prizes from Yale University, where he taught from 1980 to 2001, and the University of Pennsylvania, where he taught from 2001 to 2002.

He is a recipient of the Frank J. Goodnow Award of the American Political Science Association, among other recognitions. He was elected as an American Academy of Arts and Sciences Fellow in 2004, a Fellow of the American Academy of Political and Social Science in 2011, and a Member of the American Philosophical Society in 2016.

Professor Smith served as Penn's Associate Dean of Social Sciences from 2014 to 2018 and as President of the American Political Science Association in 2018鈥2019. He was the founding director of the Andrea Mitchell Center for the Study of Democracy and the co-founder of the Teachers Institute of Philadelphia.


Linda C. McClain 鈥 Bio

Jonathan Gienapp
Associate Professor of History and Law
Stanford University

Jonathan Gienapp is Associate Professor of History and Law and the Nehal and Jenny Fan Raj Civics Faculty Fellow in Undergraduate Teaching. He specializes in the constitutional, political, legal, and intellectual history of the early United States. His primary focus to date has been the origins and development of the U.S. Constitution, in particular the ways in which Founding-era Americans understood and debated constitutionalism across the nation's early decades. His historical interests intersect with modern legal debates over constitutional interpretation and theory, especially those centered on the theory of constitutional originalism.

His first book, (Harvard University Press, Belknap, 2018), rethinks the conventional story of American constitutional creation by exploring how and why founding-era Americans鈥 understanding of their Constitution transformed in the earliest years of the document鈥檚 existence. It investigates how early political debates over the Constitution鈥檚 meaning altered how Americans imagined the Constitution and its possibilities, showing how these changes created a distinct kind of constitutional culture, the consequences of which endure to this day. It won the 2017 Thomas J. Wilson Memorial Prize from Harvard University Press and the 2019 Best Book in American Political Thought Award from the American Political Science Association and was a finalist for the 2019 Frederick Jackson Turner Award from the Organization of American Historians. In addition, it was named a Choice Outstanding Academic Title for 2019 and a Spectator USA Book of the Year for 2018. It was reviewed in , was the subject of a symposium at , and was chosen for the co-hosted by the Stanford Constitutional Law Center and the Stanford Center for Law and History. He wrote about some of the book's central themes in an op-ed for the Boston Globe, and has discussed the book on "", "", "", and "", as well as in interviews for and the

His second book, (Yale University Press, 2024), critiques originalism's engagement with history. It argues that recovering Founding-era constitutionalism on its own terms fundamentally challenges originalists' unspoken assumptions about the U.S. Constitution and its original meaning and thereby the foundation of the theory itself. about the book's themes in connection with the current Supreme Court. The book was longlisted for the 2025 and was named a History Today Book of the Year for 2024. It has been reviewed in several high-profile venues. The Washington Post declared that "What are the chances that, in 2024, a new book could fundamentally reorient how we understand America鈥檚 founding? Jonathan Gienapp . . . has written such a book. . . . You read it, and you get vertigo. . . . Gienapp鈥檚 book comes as a thunderclap. . . . this brilliant book is . . . the most forceful objection to originalism to date." The New Republic said the book "injects a fresh, powerful new argument against originalism into the debate." It was also selected by The New Yorker as a book that sheds light on the current state of the United States. Gienapp discussed the book for the 2024 Lofgren Lecture in Constitutionalism at Claremont McKenna College, participated in a National Constitution Center Town Hall debate on the book, and took part in a conversation about the book at the Stanford Constitutional Law Center. He has been interviewed about the book on Strict Scrutiny, "New Books in Law", The Loopcast, Past Precedent, and for Stanford Humanities & Sciences. The book was featured in a symposium in the Boston University Law Review. The book builds on Gienapp's prior work on originalism and history, especially his article which was identified as one of the best works of recent scholarship in constitutional law in a review at Jotwell. It also builds on two essays of his that appeared on Process: A Blog for American History, published by the Organization of American Historians, that have been widely cited and discussed. His work on originalism has also been featured in The New York Times.

Gienapp's next book is on the forgotten history of the Preamble to the U.S. Constitution, currently entitled We the People of the United States: The Struggle over Popular Sovereignty and Nationhood. It tells the story of the Preamble's early vitality and eventual descent into political and legal irrelevance as a way of exploring the broader struggle over popular sovereignty and national union in the early United States. It probes the often entwined debates over popular rule, sovereignty, federalism, and constitutionalism in the nation's earliest years to understand the full meanings of the Constitution's opening words: "We the People of the United States." Central to this project is the recovery of a distinct, yet forgotten, vision of constitutionalism that predominated at the American Founding and treated the Preamble as the central feature of the Constitution, which was most vigorously championed by the leading constitutional framers, James Wilson and Gouverneur Morris. For a preview of the book's themes, see various articles and book chapters he has published on the idea of constitutional nationalism at the Founding, the early Preamble, intellectual differences among early constitutional nationalists, and Gouverneur Morris's nationalist constitutionalism.

In addition to these, Gienapp has published a range of articles, book chapters, and essays on early American constitutionalism, politics, and intellectual history, modern constitutional interpretation, and the study of the history of ideas. They have appeared in venues such as the Journal of the Early Republic, Law and History Review, The New England Quarterly, and Constitutional Commentary. He also co-organized a symposium for the Fordham Law Review, entitled "The Federalist Constitution."

Gienapp has lectured widely on the U.S. Constitution and the American Founding era. He is an OAH Distinguished Lecturer. He gave one of the keynotes at the 2024 Bissell-Heyd Symposium at the University of Toronto, 鈥American Constitutionalism in Crisis?鈥 Among other appearances, he discussed the Constitution's history in an episode of the podcast Writ Large, participated in a National Constitution Center Town Hall, "The Founders' Library: Intellectual Sources of the Constitution," an episode of We the People on "The Intellectual Inspirations Behind the Constitution," and a Constitution Day discussion of the Constitutional Convention, discussed originalism on the current Supreme Court in a Brennan Center Live event, talked about originalism and current legal issues on Stanford Legal, explored political culture in the early American republic on an episode of Ben Franklin's World, discussed James Wilson's contributions to U.S. constitutionalism in a webinar hosted by the James Wilson Institute on Natural Rights and the American Founding, was interviewed about the history of election disputes in the United States for The New York Times, and discussed the history of minority rule in the United States on NPR's All Things Considered. He also helped compile the National Constitution Center's Founders' Library.

Gienapp is a member of the Historians Council on the Constitution at the Brennan Center for Justice and has contributed to a number of amicus briefs to the Supreme Court of the United States. He is one of the founding editors of the Journal of American Constitutional History where he serves as a senior editorial advisor. He is also a member of the Stanford Civics Initiative and a charter member of the Alliance for Civics in the Academy.

In addition to his scholarship, Gienapp has been widely recognized for his teaching. At Stanford, he has been awarded the Walter J. Gores Award for Excellence in Teaching (the university's highest teaching award), the Phi Beta Kappa Teaching Prize, and the Dean鈥檚 Award for Distinguished Teaching in the School of Humanities and Sciences in the area of First Years of Teaching. Beyond Stanford, he has been awarded the Excellence in Teaching Award from the Phi Beta Kappa Northern California Association.


Linda C. McClain 鈥 Bio

Sophia Z. Lee
Bernard G. Segal Professor & Dean, Carey Law School
University of Pennsylvania
Sophia Z. Lee is the Dean and Bernard G. Segal Professor of Law at Penn Carey Law, with a secondary appointment in history. A prominent legal historian, award-winning teacher, and respected leader, Dean Lee is committed to Penn Carey Law providing an outstanding legal education that is broadly accessible, innovative, and interdisciplinary. Lee鈥檚 scholarship focuses on administrative and constitutional law, using history to place the law in broader context and examine how the law鈥檚 past can shed light on its future. She helped pioneer the study of 鈥渁dministrative constitutionalism,鈥 the study of administrative agencies鈥 role in shaping constitutional law. Her 2014 book, The Workplace Constitution from the New Deal to the New Right, offered an early legal history of the postwar conservative legal movement. The book documents the origins of a rights-based strand of that movement that has come to the fore during the Roberts Court. Her work on civil rights lawyering generated interest in the relationship between administrative law and racial justice movements and intervened in debates about the interaction of civil rights and labor rights.

Her forthcoming work examines the origins of privacy as a constitutional value and their implications for contemporary Fourth Amendment doctrine. Throughout, Dean Lee demonstrates how the law is politically embedded, creating important avenues for non-court actors to influence the law and for the law to shape politics, at times in surprising ways.

Dean Lee has received Penn Carey Law鈥檚 Harvey Levin, A. Leo Levin, and Robert A. Gorman awards for excellence in teaching. Her classes include Administrative Law, Employment Law, and seminars on racial justice movements and on constitutional history and theory. She followed an unconventional path to the deanship, earning an undergraduate and master鈥檚 degree at U.C. Berkeley and pursuing social work before returning to graduate school to earn a JD and PhD in history from Yale University.Dean Lee joined the Penn Carey Law faculty in 2009 as an Assistant Professor of Law and served as Deputy Dean from 2015 to 2017. She has held leadership roles in the American Society for Legal History and the Labor and Working Class History Association. Prior to joining the Law School, she was a Samuel I. Golieb Fellow at New York University School of Law and clerked for the Honorable Kimba M. Wood of the U.S. District Court for the Southern District of New York.

Linda C. McClain 鈥 Bio

Mary R. Ziegler
Martin Luther King Jr. Professor of Law
University of California at Davis
Mary Ziegler is an expert on the law, history, and politics of reproduction, health care, and conservatism in the United States from 1945 to the present. She is a Guggenheim Fellow and one of the world鈥檚 leading historians of debates in the United States over abortion, IVF, and reproduction.

She is the author or editor of numerous articles and seven books on social movement struggles around reproduction and the law. Her articles have appeared or are forthcoming in leading legal, medical, and public health journals, including the Yale Law Journal, the Harvard Law Review, the Columbia Law Review, the California Law Review, the N.Y.U. Law Review, the Michigan Law Review, the Law and History Review, the Journal of the American Medical Association, and the American Journal of Bioethics.

Her critically acclaimed books include Dollars for Life: The Anti-Abortion Movement and the Fall of the Republican Establishment (Yale University Press, 2022), Roe: The History of a National Obsession (Yale University Press, 2023), Abortion and the Law in America: Roe v. Wade to the Present (Cambridge University Press, 2020), Beyond Abortion: Roe v. Wade and the Fight for Privacy (Harvard University Press, 2018), Reproduction and the Constitution (Routledge, 2022), and the award-winning After Roe: The Lost History of the Abortion Debate (Harvard University Press, 2015), which won the Harvard University Press Thomas J. Wilson Prize for best first manuscript in any discipline. She is also the editor of a major international collection with Elgar Press about abortion law around the world. Her new book, Personhood: The New Civil War over Reproduction, is forthcoming with Yale University Press in 2025.

Ziegler has advised governors and members of Congress, submitted congressional testimony on questions involving reproduction, served on the committee of scholars charged with helping to create a museum of U.S. Women鈥檚 History, organized a major exhibit and conference at Harvard鈥檚 Radcliffe Institute on the 50th Anniversary of the Roe decision, and lectured on topics related to the history and law of reproduction to audiences around the world.

Her work has frequently appeared in or been covered by major national and international news outlets including A糖心传媒, CBS, N糖心传媒, MSN糖心传媒, the New York Times, the Atlantic, PBS Newshour, CNN, and the Washington Post. She has held positions of leadership on the American Society for Legal History's Board of Directors, the American Association of Law Schools Section on Legal History, and the American Bar Association鈥檚 Committee on Historic Commemorations.

Before coming to Davis, Ziegler served as the Daniel P.S. Paul Visiting Professor of Constitutional Law at Harvard Law School and the Stearns Weaver Miller Professor at Florida State University School of Law, where she won several teaching awards.


Linda C. McClain 鈥 Bio

R. Shep Melnick
Thomas P. O'Neill, Jr., Professor of American Politics
Boston College

R. Shep Melnick is the Thomas P. O鈥橬eill, Jr. Professor of American Politics at Boston College and co-chair of the Harvard Program on Constitutional Government. He is the author of The Crucible of Desegregation: The Uncertain Search for Educational Equality (University of Chicago Press, 2023); The Transformation of Title IX: Regulating Gender Equality in Education (Brookings, 2018); Between the Lines: Interpreting Welfare Rights (Brookings, 1994); and Regulation and the Courts: The Case of the Clean Air Act (Brookings, 1983), as well as many articles on courts, agencies, and public policy. He is currently completing a book on education and the civil rights state.

In 2012, he received the American Political Science Association Law and Courts Section鈥檚 鈥淟asting Contribution鈥 award. He received his B.A. and Ph.D. from Harvard, and taught at Harvard and Brandeis before moving to Boston College. He has also been a Research Associate at Brookings, President of the New England Political Science Association, and an elected member of the New Hampshire House of Representatives.


Linda C. McClain 鈥 Bio

Gerald M. Easter
Professor of Political Science
Chairperson, Department of Political Science, Boston College
Gerald Easter teaches courses in Comparative Politics, with a regional focus on Russia and Eastern Europe. His research interests include the modern state, post-communist transitions, and comparative political economy. Current research projects focus on comparative politics of policing and pre-modern politics.

He is the author of the following books: Reconstructing the State: Personal Networks and Elite Identity in Soviet Russia (Cambridge University Press, 2000), Shaping the Economic Space of Russia (ed., Ashgate, 2000), Capital, Coercion, and Post-Communist States (Cornell University Press, 2012), The Tsarina's Lost Treasure (Pegasus, 2020), and Last Stand of the Raven Clan: When Russia Went to War in America (Pegasus, forthcoming).

He joined the Political Science faculty at Boston College in 2000. He also taught at Georgetown University, Miami University (Ohio), European University in Saint Petersburg, Venice International University, and University of Rome at Tor Vergata. He is currently the Department Chair.


February 20 |听Murray Room, Yawkey Athletic Center | to Attend

12:00-12:15PM

Opening Remarks

Dennis J. Wieboldt III, J.D./Ph.D. Student in History,听University of Notre Dame听 听

Jonathan Laurence,听Professor of Political Science & Director,听Clough Center for the Study of Constitutional Democracy, Boston College

听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听

Panel One

12:20-1:30PM

Kersch and American Conservatism

Panelists:

Linda C. McClain, Robert Kent Professor of Law,听Boston University

Logan E. Sawyer III,听 J. Alton Hosch Professor of Law,听University of Georgia

James E. Fleming,听The Honorable Paul J. Liacos Professor of Law,听Boston University

Julie Novkov,听Professor & Dean, Rockefeller College of Public Affairs & Policy,听State University of New York at Albany

Respondents:

Sanford V. Levinson,听W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law,听University of Texas at Austin

Aziz Rana, J. Donald Monan, S.J., University Professor of Law and Government,听Boston College

Panel Two

1:40-2:50PM

Kersch and American Liberalism

Panelists:

Calvin TerBeek,听Assistant Professor of Government,听Claremont McKenna College

Mark Graber,听University System of Maryland Regents Professor of Law,听University of Maryland at College Park

Respondents:

Jack M. Balkin,听Knight Professor of Constitutional Law and the First Amendment,听Yale University

Clement Fatovic,听Professor of Politics and International Relations,听Florida International University

2:50-3:00PMBreak

Panel Three

3:00-4:10 PM

Kersh and Method in Law, History, and Political Science

Panelists:

Austin L. Steelman,听Assistant Professor of History,听Clemson University

Michael A. Dichio,听Associate Professor of Political Science,听University of Utah

George Thomas,听Burnet C. Wohlford Professor of American Political Institutions,听Claremont McKenna College

Paul Herron,听Associate Professor of Political Science,听Providence College

Respondents:

Rogers M. Smith,听Christopher H. Browne Distinguished Emeritus Professor of Political Science,听University of Pennsylvania

Jonathan Gienapp,听Associate Professor of History and Law,听Stanford University

Panel Four

4:20-5:30PM

Kersch and The Constitution Today

Chair:

Sophia Z. Lee,听Bernard G. Segal Professor & Dean, Carey Law School,听University of Pennsylvania

Panelists:

Mary R. Ziegler,听Martin Luther King Jr. Professor of Law,听University of California at Davis

R. Shep Melnick,听Thomas P. O'Neill, Jr., Professor of American Politics,听Boston College

5:30-5:45PM

Closing Remarks

Gerald M. Easter,听Professor of Political Science,听Chairperson, Department of Political Science,听Boston College

5:45-6:30PMReception

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