February 7, 14, 21, and 28, 2014

The Institute for Constitutional History (ICH) is the nation’s premier institute dedicated to ensuring that future generations of Americans understand the substance and historical development of the U.S. Constitution. Established by the Supreme Court Historical Society, ICH is now located at the New-York Historical Society and the George Washington University Law School.

INSTRUCTORS

The sessions will be chaired by Judith Resnik, the Arthur Liman Professor of Law at Yale Law School, who will be joined, at different sessions, by Michael Graetz from Columbia; Linda Greenhouse from Yale; Vicki C. Jackson from Harvard, and Charles McCurdy from the University of Virginia.

Judith Resnik is the Arthur Liman Professor of Law at Yale Law School where she teaches about federalism, procedure, courts, equality, and citizenship. Her books include Representing Justice: Invention, Controversy, and Rights in City-States and Democratic Courtrooms (with Dennis Curtis, 2011); Migrations and Mobilities: Citizenship, Borders, and Gender (co-edited with Seyla Benhabib), Federal Courts Stories (co-edited with Vicki C. Jackson, 2010). Recent essays include “Federalism(s)’ Forms and Norms” (forthcoming in NOMOS, Federalism and Subsidiary, 2014).

Michael Graetz is the Wilbur H. Friedman Professor of Tax Law at Columbia Law School, a faculty he joined after many years at Yale Law School. His books include The End of Energy: The Unmaking of America’s Environment, Security and Independence (2011); Death by a Thousand Cuts: The Fight Over Taxing Inherited Wealth, with Ian Shapiro, 2005), and the forthcoming volume, Unequal Protections, co-authored with Linda Greenhouse, which addresses the legacies of the Burger Court.

Linda Greenhouse is the Joseph Goldstein Lecturer in Law at Yale Law School, where she has taught since 2009. Before then she covered the United States Supreme Court for thirty years for the New York Times. She is the author of Before Roe v. Wade (with Reva Siegel, 2010), Becoming Justice Blackmun (2005), The U.S. Supreme Court: A Very Short Introduction (2012), and the forthcoming volume, Unequal Protections, co-authored by Michael Graetz.

Vicki C. Jackson is the Thurgood Marshall Professor of Law at Harvard Law School and the author ofFederalism: A Reference Guide to the U.S. Constitution (with Susan Low Bloch, coauthor) (2013);Comparative Constitutional Law (with Mark Tushnet, coauthor), (3d ed forthcoming 2013);Constitutional Engagement in a Transnational Era (2010); Federal Courts Stories (coedited with Judith Resnik) (2010).

Charles W. McCurdy is Professor of History and Professor of Law at the University of Virginia, where he has taught since 1975. His scholarship has won many recognitions, including the Order of the Coif Triennial Book Award (Association of American Law Schools). McCurdy’s books include The Anti-Rent Era in New York Law and Politics, 1839-1865 (2001).

PROGRAM CONTENT

The ideas denoted by the term “federalism” have been central to the American constitutional order, and federalism as a political form plays an increasingly important role around the world. This seminar will focus on the United States constitutional experiences with federalism, a term not mentioned in the U.S. Constitution, but one that has, since the second half of the twentieth-century, become frequently invoked in constitutional discourse. Federalism is proffered as an explanation when justices approach questions of whether to override congressional judgments about the deployment of national powers or to preclude states from regulating particular arenas. Beneath the mix of interpretations of the Constitution and the sometimes dry discussions of jurisdictional rules and doctrines of comity lie conflicts about equality, immigration, criminal procedure, regulation of the economy, protections to be accorded workers and consumers, and the authority of states, Indian tribes, and localities. These will be the subjects of discussion at the seminar.

The seminar will meet Friday afternoons, 2:00–5:00 p.m., February 7, 14, and 21, and 28 at the New-York Historical Society, 170 Central Park West, New York City.

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APPLICATION PROCESS

The seminar is designed for graduate students and junior faculty in history, political science, law, and related disciplines. All participants will be expected to complete the assigned readings and participate in seminar discussions. Although the Institute cannot offer academic credit directly for the seminar, students may be able to earn graduate credit through their home departments by completing an independent research project in conjunction with the seminar. Please consult with your advisor and/or director of graduate studies about these possibilities. Space is limited, so applicants should send a copy of their c.v. and a short statement on how this seminar will be useful to them in their research, teaching, or professional development. Materials will be accepted only by email at MMarcus@nyhistory.org until December 15, 2013. Successful applicants will be notified soon thereafter. For further information, please contact Maeva Marcus at (202) 994-6562 or send an email to MMarcus@nyhistory.org.

There is no tuition or other charge for this seminar.