Books by Sanford Levinson

Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It)

by Sanford Levinson

The Constitution is one of the most revered documents in American politics. Yet this is a document that regularly places in the White House candidates who did not in fact get a majority of the popular vote. It gives Wyoming the same number of votes as California, which has seventy times the population of the Cowboy State. And it offers the President the power to overrule both houses of Congress on legislation he disagrees with on political grounds. Is this a recipe for a republic that reflects the needs and wants of today's Americans?

Taking a hard look at our much-venerated Constitution, Sanford Levinson here argues that too many of its provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today.

Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.

Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It)

by Sanford Levinson

Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.

"Admirably gutsy and unfashionable."
--Michael Kinsley, The New York Times

"Bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals."
--Cass R. Sunstein, The New Republic

"Everyone who cares about how our government works should read this thoughtful book."
--Washington Lawyer

Fault Lines in the Constitution: The Graphic Novel (World Citizen Comics)

by Sanford Levinson, Cynthia Levinson

The latest volume in our World Citizen Comics graphic novel series, Fault Lines in the Constitution teaches readers how this founding document continues to shape modern American society.

In 1787, after 116 days of heated debates and bitter arguments, the United States Constitution was created. This imperfect document set forth America’s guiding principles, but it would also introduce some of today's most contentious political issues―from gerrymandering, to the Electoral College, to presidential impeachment.

With colorful art, compelling discourse, and true stories from America's past and present, Fault Lines in the Constitution: The Graphic Novel sheds light on how today's political struggles have their origins in the decisions of our Founding Fathers.

Children’s book author Cynthia Levinson, constitutional law scholar Sanford Levinson, and artist Ally Shwed deftly illustrate how contemporary problems arose from this founding document―and then they offer possible solutions.

This book is part of the World Citizen Comics series, a bold line of civics-focused graphic novels that equip readers to be engaged citizens and informed voters.

Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today

by Sanford Levinson, Cynthia Levinson

Many of the political issues we struggle with today have their roots in the US Constitution.
Husband-and-wife team Cynthia and Sanford Levinson take readers back to the creation of this historic document and discuss how contemporary problems were first introduced--then they offer possible solutions. Think Electoral College, gerrymandering, even the Senate. Many of us take these features in our system for granted. But they came about through haggling in an overheated room in 1787, and we're still experiencing the ramifications.
Each chapter in this timely and thoughtful exploration of the Constitution's creation begins with a story--all but one of them true--that connects directly back to a section of the document that forms the basis of our society and government. From the award-winning team, Cynthia Levinson, children's book author, and Sanford Levinson, constitutional law scholar, Fault Lines in the Constitution will encourage exploration and discussion from young and old readers alike.

Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today

by Sanford Levinson, Cynthia Levinson

A noted children's nonfiction author and one of the nation's foremost constitutional scholars team up to create an essential book on the United States Constitution for everyone grappling with today's most urgent political issues.

Many of the political issues we struggle with today have their roots in one place—the U.S. Constitution. Fault Lines in the Constitution takes readers back to the creation of this historic document and reveals how many of the problems that trouble us today—such as voting rights, the Electoral College, gerrymandering—were first introduced. Cynthia and Sanford Levinson explain the unexpected ramifications of decisions make in 1787 and explore possible solutions found in the constitutions of states and other countries.

Each chapter begins with a story―all but one of them true―that connects directly back to a section of the document that forms the basis of our society and government. Informative sidebars and graphics run throughout along with a timeline and bibliography.

Fault Lines in the Constitution (Third Edition): The Framers, Their Fights, and the Flaws that Affect Us Today

by Sanford Levinson, Cynthia Levinson

Many of the political issues we struggle with today have their roots in the US Constitution. This book explores 21 of the fault lines that were created in 1787 and are still causing problems today.

This revised edition of an essential book on the U. S. Constitution offers insight for everyone grappling with today's most urgent political issues. Many of us take certain features in our system for granted, even when we complain about them. But in fact, they are the result of bitter haggling in an overheated room in 1787—and we’re still experiencing the ramifications.

Fault Lines in the Constitution takes readers back to the creation of this historic document and discusses the original intent and worldview of the Framers, when and how problems arose after the fact, and possible solutions for those problems, inspired by both constitutions of US states and other countries. Each chapter begins with a story—all but one of them true—that connects directly back to a section of the document that forms the basis of our society and government.

Written by an award-winning middle grade author and a constitutional law scholar, this new edition has been revised to reflect political and social changes leading up to and following the 2024 national election, this new edition will include updated content throughout, two new chapters on Impeachment and Secession, and significant expansion of the chapters on Emergency Powers and Term Limits.

An Argument Open to All: Reading "The Federalist" in the 21st Century

by Sanford Levinson

From one of America’s most distinguished constitutional scholars, an intriguing exploration of America’s most famous political tract and its relevance to today’s politics

In An Argument Open to All, renowned legal scholar Sanford Levinson takes a novel approach to what is perhaps America’s most famous political tract. Rather than concern himself with the authors as historical figures, or how The Federalist helps us understand the original intent of the framers of the Constitution, Levinson examines each essay for the political wisdom it can offer us today. In eighty-five short essays, each keyed to a different essay in The Federalist, he considers such questions as whether present generations can rethink their constitutional arrangements; how much effort we should exert to preserve America’s traditional culture; and whether The Federalist’s arguments even suggest the desirability of world government.

An Argument Open to All: Reading "The Federalist" in the 21st Century

by Sanford Levinson

From one of America’s most distinguished constitutional scholars, an intriguing exploration of America’s most famous political tract and its relevance to today’s politics

In An Argument Open to All, renowned legal scholar Sanford Levinson takes a novel approach to what is perhaps America’s most famous political tract. Rather than concern himself with the authors as historical figures, or how The Federalist helps us understand the original intent of the framers of the Constitution, Levinson examines each essay for the political wisdom it can offer us today. In eighty-five short essays, each keyed to a different essay in The Federalist, he considers such questions as whether present generations can rethink their constitutional arrangements; how much effort we should exert to preserve America’s traditional culture; and whether The Federalist’s arguments even suggest the desirability of world government.

The American Supreme Court, Sixth Edition (The Chicago History of American Civilization)

by Sanford Levinson, Robert G. McCloskey

For more than fifty years, Robert G. McCloskey’s classic work on the Supreme Court’s role in constructing the US Constitution has introduced generations of students to the workings of our nation’s highest court.

As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage.

The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.

Framed: America's 51 Constitutions and the Crisis of Governance

by Sanford Levinson

In his widely acclaimed volume Our Undemocratic Constitution, Sanford Levinson boldly argued that our Constitution should not be treated with "sanctimonious reverence," but as a badly flawed document deserving revision. Now Levinson takes us deeper, asking what were the original assumptions underlying our institutions, and whether we accept those assumptions 225 years later.

In Framed, Levinson challenges our belief that the most important features of our constitutions concern what rights they protect. Instead, he focuses on the fundamental procedures of governance such as congressional bicameralism; the selection of the President by the electoral college, or the dimensions of the President's veto power--not to mention the near impossibility of amending the United States Constitution. These seemingly "settled" and "hardwired" structures contribute to the now almost universally recognized "dysfunctionality" of American politics.

Levinson argues that we should stop treating the United States Constitution as uniquely exemplifying the American constitutional tradition. We should be aware of the 50 state constitutions, often interestingly different--and perhaps better--than the national model. Many states have updated their constitutions by frequent amendment or by complete replacement via state constitutional conventions. California's ungovernable condition has prompted serious calls for a constitutional convention. This constant churn indicates that basic law often reaches the point where it fails and becomes obsolete. Given the experience of so many states, he writes, surely it is reasonable to believe that the U.S. Constitution merits its own updating.

Whether we are concerned about making America more genuinely democratic or only about creating a system of government that can more effectively respond to contemporary challenges, we must confront the ways our constitutions, especially the United States Constitution, must be changed in fundamental ways.

Framed: America's 51 Constitutions and the Crisis of Governance

by Sanford Levinson

In his widely acclaimed volume Our Undemocratic Constitution, Sanford Levinson boldly argued that our Constitution should not be treated with "sanctimonious reverence," but as a badly flawed document deserving revision. Now Levinson takes us deeper, asking what were the original assumptions underlying our institutions, and whether we accept those assumptions 225 years later.

In Framed, Levinson challenges our belief that the most important features of our constitutions concern what rights they protect. Instead, he focuses on the fundamental procedures of governance such as congressional bicameralism; the selection of the President by the electoral college, or the dimensions of the President's veto power--not to mention the near impossibility of amending the United States Constitution. These seemingly "settled" and "hardwired" structures contribute to the now almost universally recognized "dysfunctionality" of American politics.

Levinson argues that we should stop treating the United States Constitution as uniquely exemplifying the American constitutional tradition. We should be aware of the 50 state constitutions, often interestingly different--and perhaps better--than the national model. Many states have updated their constitutions by frequent amendment or by complete replacement via state constitutional conventions. California's ungovernable condition has prompted serious calls for a constitutional convention. This constant churn indicates that basic law often reaches the point where it fails and becomes obsolete. Given the experience of so many states, he writes, surely it is reasonable to believe that the U.S. Constitution merits its own updating.

Whether we are concerned about making America more genuinely democratic or only about creating a system of government that can more effectively respond to contemporary challenges, we must confront the ways our constitutions, especially the United States Constitution, must be changed in fundamental ways.

Nullification and Secession in Modern Constitutional Thought (Constitutional Thinking)

by Sanford Levinson

The Missouri legislature passes a bill to flout federal gun-control laws it deems unconstitutional. Texas refuses to recognize same-sex marriages, citing the state’s sovereignty. The Tenth Amendment Center promotes the “Federal Health Care Nullification Act.” In these and many other similar instances, the spirit of nullification is seeing a resurgence in an ever-more politically fragmented and decentralized America. What this means—in legal, cultural, and historical terms—is the question explored in Nullification and Secession in Modern Constitutional Thought. Bringing together a number of distinguished scholars, the book offers a variety of informed perspectives on what editor Sanford Levinson terms “neo-nullification,” a category that extends from formal declarations on the invalidity of federal law to what might be called “uncooperative federalism.”
Mark Tushnet, Mark Graber, James Read, Jared Goldstein, Vicki Jackson, and Alison La Croix are among the contributors who consider a strain of federalism stretching from the framing of the Constitution to the state of Texas’s most recent threat to secede from the United States. The authors look at the theory and practice of nullification and secession here and abroad, discussing how contemporary advocates use the text and history of the Constitution to make their cases, and how very different texts and histories influence such movements outside of the United States—in Scotland, for instance, or Catalonia, or Quebec, or even England vis-à-vis the European Union. Together these essays provide a nuanced account of the practical and philosophical implications of a concept that has marked America’s troubled times, from the build-up to the Civil War to the struggle over civil rights to battles over the Second Amendment and Obamacare.

Nullification and Secession in Modern Constitutional Thought (Constitutional Thinking)

by Sanford Levinson

The Missouri legislature passes a bill to flout federal gun-control laws it deems unconstitutional. Texas refuses to recognize same-sex marriages, citing the state’s sovereignty. The Tenth Amendment Center promotes the “Federal Health Care Nullification Act.” In these and many other similar instances, the spirit of nullification is seeing a resurgence in an ever-more politically fragmented and decentralized America. What this means—in legal, cultural, and historical terms—is the question explored in Nullification and Secession in Modern Constitutional Thought. Bringing together a number of distinguished scholars, the book offers a variety of informed perspectives on what editor Sanford Levinson terms “neo-nullification,” a category that extends from formal declarations on the invalidity of federal law to what might be called “uncooperative federalism.”
Mark Tushnet, Mark Graber, James Read, Jared Goldstein, Vicki Jackson, and Alison La Croix are among the contributors who consider a strain of federalism stretching from the framing of the Constitution to the state of Texas’s most recent threat to secede from the United States. The authors look at the theory and practice of nullification and secession here and abroad, discussing how contemporary advocates use the text and history of the Constitution to make their cases, and how very different texts and histories influence such movements outside of the United States—in Scotland, for instance, or Catalonia, or Quebec, or even England vis-à-vis the European Union. Together these essays provide a nuanced account of the practical and philosophical implications of a concept that has marked America’s troubled times, from the build-up to the Civil War to the struggle over civil rights to battles over the Second Amendment and Obamacare.

Democracy and Dysfunction

by Sanford Levinson, Jack M. Balkin

It is no longer controversial that the American political system has become deeply dysfunctional. Today, only slightly more than a quarter of Americans believe the country is heading in the right direction, while sixty-three percent believe we are on a downward slope. The top twenty words used to describe the past year include “chaotic,” “turbulent,” and “disastrous.” Donald Trump’s improbable rise to power and his 2016 Electoral College victory placed America’s political dysfunction in an especially troubling light, but given the extreme polarization of contemporary politics, the outlook would have been grim even if Hillary Clinton had won. The greatest upset in American presidential history is only a symptom of deeper problems of political culture and constitutional design.

Democracy and Dysfunction brings together two of the leading constitutional law scholars of our time, Sanford Levinson and Jack M. Balkin, in an urgently needed conversation that seeks to uncover the underlying causes of our current crisis and their meaning for American democracy. In a series of letters exchanged over a period of two years, Levinson and Balkin travel—along with the rest of the country—through the convulsions of the 2016 election and Trump’s first year in office. They disagree about the scope of the crisis and the remedy required. Levinson believes that our Constitution is fundamentally defective and argues for a new constitutional convention, while Balkin, who believes we are suffering from constitutional rot, argues that there are less radical solutions. As it becomes dangerously clear that Americans—and the world—will be living with the consequences of this pivotal period for many years to come, it is imperative that we understand how we got here—and how we might forestall the next demagogue who will seek to beguile the American public.

Liberties Journal of Culture and Politics Fall 2024 Volume 5, Issue 1

by Ange Mlinko, David Grossman, Sean Wilentz, Ramachandra Guha, Sanford Levinson, William Deresiewicz, Steven B. Smith, Sohrab Ahmari, Jack M. Balkin, Ryan Ruby, Devin Johnston, Erica McAlpine, Jonathan Zimmerman, Katherine C. Epstein, Mark Edmondson, Annie Abrams

Liberties is an independent quarterly journal of ideas that publishes serious, stylish, and controversial essays about significant issues in culture and politics.

In the Fall 2024 issue of Liberties: Sean Wilentz bluntly defines the stakes of this election; Katherine C. Epstein laments the death of research and its consequences for our culture; Ryan Ruby presides over the unlikely meeting of Emily Dickinson and Franz Kafka; Mark Edmondson diagnoses the fever in contemporary politics; Sohrab Ahmari exposes the sordid depths to which rightwing extremism has sunk; Jonathan Zimmerman pushes back against the opponents of higher education; Jack M. Balkin and Sanford Levinson argue that "We The People" is not as clear as it looks; William Deresiewicz describes what is absent from social relations in America; Ramachandra Guha introduces the founding poet of the environmental movement, Rabindranath Tagore; Ange Mlinko resurrects the art of Amy Clampitt; Steven B. Smith reveals what is truly revolutionary about our sixteenth president; in Teaching Ellison by Annie Abrams: A high school teacher, a great writer, and how to live; Celeste Marcus on a film, a great director, and the rise of fascism; Leon Wieseltier examines the grotesque intellectual underpinnings of Trumpism and Vanceism; and new poetry from David Grossman, Erica McAlpine and Devin Johnston.

Liberties features essays from leading op-ed writers and scholars, award-winning and well-known non-fiction and fiction writers, next generation rising talents, and poets from around the world.

There's a reason why cultural warriors, political leaders, opinion makers, and engaged citizens from across political and cultural spectrum read and cherish Liberties.