E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
Conference on America’s Political Dysfunction: Constitutional Connections, Causes, and Cures
JB
Jim Fleming sends information about an upcoming conference at B.U. Law School. Several regular B'zation contributors will be speaking, including Sandy Levinson, Mark Graber, Joey Fishkin, Linda McClain, Mark Tushnet, Ken Kersch, and myself:
America’s Political Dysfunction: Constitutional Connections, Causes, and Cures
Friday, November 15 & Saturday, November 16, 2013
In recent years and
especially in recent months, many have despaired over America’s political
dysfunction. A conference at University of Texas asked, “Is America
Governable?” Some, like Mann and Ornstein, have contended that “it’s even worse
than it looks.” Others, like Levinson, have claimed that we face a “crisis of
governance.” Schlozman, Verba, and Brady have criticized “the broken promise of
American democracy,” Gutmann and Thompson have lamented the breakdown in “the
spirit of compromise,” and Lessig has argued that we have “lost” our republic
through the corruption of money.
More generally, there is considerable talk of dysfunction, breakdown, and
failure in the air these days. Just consider these titles: Bruce Ackerman,
The Failure of the Founding Fathers, not to mention The Decline and Fall
of the American Republic; Ronald Dworkin, Is Democracy Possible Here?;
Alan Wolfe, Does American Democracy Still Work?; and Sanford Levinson, Our
Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the
People Can Correct It), along with Framed: America’s 51 Constitutions
and the Crisis of Governance.
We plan a conference
that will assess such claims about dysfunction, breakdown, and failure. But
unlike some prior conferences, it will focus on constitutional connections,
causes, and cures. Taking up the forms and manifestations of dysfunction,
breakdown, and failure, the conference will ask “What, if anything, does the
Constitution have to do with all this?” For example, are we experiencing a
constitutional failure, as distinguished from a moral failure, a political
failure, an institutional failure, or a failure of policy that may or may not
be directly related to the Constitution? Are the lamented dysfunction,
breakdown, and failure caused by the Constitution? Do they stem from a feature
or defect of the Constitution? Do they result from constitutional requirements?
Are they made more likely by our constitutional design?
The conference will
address not only whether there are such constitutional connections to and
causes of dysfunction, but also whether any proposed cures would likely
alleviate it. For example, Putnam has proposed building social capital. Sandel
and Ackerman have called for reinvigorating the civic and deliberative
dimensions of political and constitutional discourse and practice. Seidman has
proposed “giving up on the Constitution.” Levinson, Lessig, and Sabato have
proposed amending the Constitution or holding a constitutional convention to
adopt a new one. Will such proposals alleviate dysfunction or will the
conditions giving rise to them virtually insure that they will fail?
The papers and
proceedings will be published in Boston University Law Review.
This conference will
take place in Barristers Hall. All – including not only professors, law
students, graduate students, and undergraduates, but also alumni and the
general public – are welcome to attend. To register, please contact Elizabeth
Aggott, Events & PR Manager, at lawevent@bu.edu. If you have academic
questions about the program, please contact Professor James E. Fleming at jfleming@bu.edu.
Friday, November 15
9:15 a.m.-9:30 a.m.:
Welcome and Introduction
9:30 a.m.-11:00 a.m.
I. Is dysfunction an
illusion? Is all the talk about dysfunction misconceived? Perhaps this is
simply how our constitutional system operates. Or maybe we are instead in a
period of transition. If so, to what?
Sotirios Barber,
University of Notre Dame Department of Government
Mark Graber, University of Maryland School of Law
Gerald Leonard, Boston University School of Law
Nancy Rosenblum, Harvard University Department of Government
11:15 a.m.-12:30 p.m.
Keynote Address: Cass
Sunstein, Harvard Law School
12:30 p.m.-1:30 p.m.:
Lunch
1:30 p.m.-3:00 p.m.
II. Is the
Constitution responsible for electoral dysfunction? (Not only through its
provision for the electoral college but also through its failure affirmatively
to guarantee an equal voice in the national political process and prevent the
corruption of money and hyperpartisan gerrymandering?)
Hugh Baxter, Boston
University School of Law and Department of Philosophy
Guy-Uriel Charles, Duke University School of Law
Joseph Fishkin, University of Texas School of Law
Ellen Katz, University of Michigan Law School
Kay Schlozman, Boston College Department of Political Science, & Sidney
Verba, Harvard University Department of Government
3:15 p.m.-4:45 p.m.
III. Has the
Constitution exacerbated the crisis of governance? (Have what Levinson calls
the “hard-wired features” of the structural Constitution made America not only
undemocratic but indeed ungovernable? Have they fostered the politics of
extremism? Have they somehow undermined the spirit of compromise?)
Jack Beermann, Boston
University School of Law
Douglas Kriner, Boston University Department of Political Science
R. Shep Melnick, Boston College Department of Political Science
Stephen Skowronek, Yale University Department of Political Science
Jay Wexler, Boston University School of Law
5:00 p.m.-6:30 p.m.
IV. Has the
Constitution fostered a pathological rights culture of rights without
responsibilities and regulation? The case of the right to bear arms and gun
control.
Joseph Blocher, Duke
University School of Law
Robert Cottrol, George Washington University Law School
James Fleming & Linda McClain, Boston University School of Law
Richard Thompson Ford, Stanford Law School
Robin West, Georgetown University Law Center
Saturday, November 16
9:00 a.m.-10:45 a.m.
V. Utopia as Dystopia?
(Have we reached a dysfunctional situation in which disagreement about
constitutional visions is so fundamental that one side’s ideal is the other’s
nightmare, and vice versa? The case of radically opposed visions of federalism:
a mini-symposium on Sotirios A. Barber’s The Fallacies of States’ Rights and
Michael Greve’s The Upside-Down Constitution).
Sotirios Barber,
University of Notre Dame Department of Political Science
Michael Greve, George Mason University School of Law
David Lyons, Boston University School of Law and Department of Philosophy
Abby Moncrieff, Boston University School of Law
Larry Yackle, Boston University School of Law
11:00 a.m.-12:30 p.m.
VI. Are the American
Constitution and constitutional experience exceptional when it comes to
dysfunction? What can we learn from other nations’ constitutions and
constitutional experiences?
Yasmin Dawood,
University of Toronto Faculty of Law
Ran Hirschl, University of Toronto Department of Political Science and Faculty
of Law
Mark Tushnet, Harvard Law School
Graham Wilson, Boston University Department of Political Science
Katharine G. Young, Boston College Law School
12:30 p.m.-2:00 p.m.
Lunch Address: Jack
Balkin, Yale Law School
2:00 p.m.-3:30 p.m.
VII. What are we to do
about dysfunction? Proposed cures and their constitutional connections.
Richard Albert, Boston
College Law School
Ken Kersch, Boston College Department of Political Science
Gary Lawson, Boston University School of Law
Sanford Levinson, University of Texas School of Law
Frank Michelman, Harvard Law School