Stephen Griffin

Selected Publications

• “Understanding Informal Constitutional Change,” 1 Journal of Institutional Studies 1 (2015)(Revista Estudos Institucionais, Brazil)
• “Zeisberg’s Relational Conception of War Authority: Convergence and Divergence in Achieving a New Understanding of War Powers,” 95 Boston University Law Review 1235 (2015)
• “A Bibliography of Executive Branch War Powers Opinions Since 1950,” 87 Tulane Law Review 649 (2013)
• “Watergate and Vietnam: The Cold War Origins of a Constitutional Crisis,” 16 Chapman Law Review 31 (2012) 
• “The National Security Constitution and the Bush Administration,” 120 Yale L.J. Online 367 (2011)
• “California Constitutionalism: Trust in Government and Direct Democracy,” 11 Univ. of Pennsylvania Journal of Constitutional Law 551 (2009)
• “Rebooting Originalism,” 2008 University of Illinois Law Review 1185
• “Stop Federalism Before It Kills Again: Reflections on Hurricane Katrina,” 21 St. John’s Journal of Legal Commentary 527 (2007) (invited article)
• “Judicial Supremacy and Equal Protection in a Democracy of Rights,” 4 University of Pennsylvania Journal of Constitutional Law 281 (2002) (invited article)
• “Scholars and Public Debates: A Reply to Devins and Farnsworth,” 82 Boston University Law Review 227 (2002)
• “Presidential Immunity from Criminal Process,” 5 Widener Law Symposium Journal 49 (2000) (invited article)
• “Constitutional Theory Transformed,” 108 Yale Law Journal 2115 (1999)
• “Judicial Review and Democracy Revisited,” 95 APA Newsletter on Philosophy and Law 64 (Spring 1996) (guest editor for this issue)
• “The Problem of Constitutional Change,” 70 Tulane Law Review 2121 (1996)
• “Constitutional Rights and Democracy in the U.S.A.: The Issue of Judicial Review,” 8 Ratio Juris 180 (1995) (co-author)
• “The Nominee Is...Article V,” 12 Constitutional Commentary 171 (1995)
• “Political Philosophy Versus Political Theory: The Case of Rawls,” 69 Chicago-Kent Law Review 691 (1994)
• “Pluralism in Constitutional Interpretation,” 72 Texas Law Review 1753 (1994)
• “Bringing the State Into Constitutional Theory: Public Authority and the Constitution,” 16 Law & Social Inquiry 659 (1991) (the subject of a symposium in this issue)
• “How to Analyze the American State,” 16 Law & Social Inquiry 731 (1991)
• “Constitutionalism in the United States: From Theory to Politics,” 10 Oxford Journal of Legal Studies 200 (1990) (Honorable Mention, 1989 AALS Scholarly Paper Competition)
• “Politics and the Supreme Court: The Case of the Bork Nomination,” 5 Journal of Law and Politics 551 (1989)
• “What is Constitutional Theory? The Newer Theory and the Decline of the Learned Tradition,” 62 Southern California Law Review 493 (1989) 
• “A Right of Press Access to U.S. Military Operations,” 21 Suffolk University Law Review 989 (1987) (co-author)
• “Reconstructing Rawls's Theory of Justice,” 62 New York University Law Review 715 (1987) 

Book Reviews

• “How Do We Redeem the Time? Review of Jack Balkin’s Constitutional Redemption and Living Originalism,” 91 Texas Law Review 101 (2012)
• “What is Wartime?”, 48 Tulsa Law Review 215 (2012)
• “Levinson and Constitutional Reform: Some Notes,” 67 Maryland Law Review 14 (2007)
• “Barnett and the Constitution We Have Lost,” 42 San Diego Law Review 283 (2005)
• “Has the Hour of Democracy Come Round at Last? The New Critique of Judicial Review,” 17 Constitutional Commentary 683 (2000)
• “Review Essay: Legal Liberalism at Yale,” 14 Constitutional Commentary 535 (1997)
• “Review of Rex Martin's A System of Rights,” 68 Tulane Law Review 1689 (1994) “Mending the Regulatory State,” 11 Law and Philosophy 291 (1992) 

Books

• Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015)
• Long Wars and the Constitution (Harvard University Press, 2013)
• American Constitutionalism: From Theory to Politics (Princeton University Press, 1996) *Selected as a Choice Outstanding Academic Book of 1997 *Italian translation: Il costituzionalismo americano (Il Mulino, 2003) 

Books and Book Chapters

• “The Executive Power,” in The Oxford Handbook of the U.S. Constitution 343 (Mark Graber, Sanford Levinson and Mark Tushnet eds., 2015)
• “Constitutional Change in the United States,” in How Constitutions Change, edited by Dawn Oliver and Carlo Fusaro 357 (Hart Publishing, 2011)
• “Constituent Power and Constitutional Change in American Constitutionalism,” in
• The Paradox of Constitutionalism: Constituent Power and Constitutional Form, edited by Martin Loughlin and Neil Walker 49 (Oxford University Press, 2007)
• “The Age of Marbury: Judicial Review in a Democracy of Rights,” in Arguing Marbury v. Madison, edited by Mark Tushnet 104 (Stanford University Press, 2005)
• “The Idea of Judicial Review in the Marshall Era,” in Marbury v. Madison: Documents and Commentary 61 (CQ Press, 2002)
• “Constitutional Theory Transformed,” in Constitutional Culture and Democratic Rule 288 (Cambridge University Press, 2001)
• “The Nominee Is...Article V,” in Constitutional Stupidities, Constitutional Tragedies 51 (New York University Press, 1998)
• “Constitutionalism in the United States: From Theory to Politics,” in Responding to Imperfection: The Theory and Practice of Constitutional Amendment 37 (Princeton University Press, 1995)
• “Toward a Public Values Philosophy of the Constitution,” in Philosophical Dimensions of the Constitution 119 (Westview Press, 1988) 

General Publications

• Co-Editor, Constitutional Theory: Arguments and Perspectives, 4th edition (Lexis, 2013)
• Co-Editor, Radical Critiques of the Law (University Press of Kansas, 1997) 

Other Legal Writing

• “Executive Power,” presented at An Argument Open to All: Reading The Federalist in the 21st Century Conference, University of Texas Law School, January 21-23, 2016
• “Race, Federalism, and Constitutional Change,” presented at The Present and Future of Civil Rights Movements: Race and Reform in 21st Century America, Duke Law School, November 20-21, 2015
• “Constitutional Change and Reform,” panel presentation at 2015 meeting of the American Political Science Association
• “Long Wars and the Constitution,” presentations at Boston University School of Law Symposium on “War Powers and the Constitution,” October 30, 2014; APSA Roundtable, August 2014; Georgetown Law Center, March 2014; Emory Law School, September 2013; Woodrow Wilson Center, August 2013 and conference on “Is America Governable?,” University of Texas School of Law, January 2013
• Commentary on Frank Cross’s The Failed Promise of Originalism, colloquium at University of Texas School of Law, February 7, 2014
• “The State of Constitutional Theory,” panel presentation at 2013 meeting of the American Political Science Association
• “The Tragic Pattern of the War Power: Presidential Decisions for War since 1945,” paper accepted for the 2012 meeting of the American Political Science Association [APSA meeting cancelled due to Hurricane Isaac] and 2013 meeting of Midwest Political Science Association
• “Watergate and Vietnam,” invited paper for conference on “The 40th Anniversary of Watergate,” Chapman University School of Law, January 26-27, 2012
• “The Legal Justification for the Vietnam War: The Case of Nicholas deB. Katzenbach,” invited paper for “The American Experience in Southeast Asia, 1946-1975,” conference at U.S. Department of State, September 29-30, 2010
• “The National Security Constitution and the Bush Administration,” invited paper for conference on A Republic of Statutes at Yale Law School, December 10- 11, 2010
• “War Powers and Constitutional Change,” presented at 2009 meeting of the American Political Science Association; Tulane Murphy Institute Faculty Seminar; Cornell Constitutional Theory Colloquium, October 2009; University of Texas Colloquium, February 2010; University of Kansas Workshop, February 2011 
• Organized and chaired panel, “The Bush Presidency and the Constitution” and gave panel presentation on Sanford Levinson’s “Our Undemocratic Constitution,” at 2007 AALS meeting
• “Reflections on Hurricane Katrina,” Symposium on Federalism Past, Federalism Future, St. John’s University School of Law, March 2006
• “Constituent Power and Constitutional Change in American Constitutionalism,” Conference on Constituent Power and Constitutional Form, European University Institute, Florence, Italy, March 2006
• “Trust in Government as a Constitutional Problem,” Law and Public Affairs Seminar, Princeton University, November 2005
• “Barnett and the Constitution We Have Lost,” panel presentation at 2004 AALS meeting
• “The State of Constitutional Theory,” panel discussion at 2004 meeting of the American Political Science Association
• “Constitutional Law Outside the Courts,” presented at June 2002 AALS/APSA Conference on Constitutional Law, Washington, D.C. available at: http://www.aals.org/profdev/constitutional/griffin.html
• Organized and chaired panel, “Marbury and the Consequences of Judicial Supremacy,” at 2002 meeting of the American Political Science Association; presented paper, “The Age of Marbury”
• “Judicial Review in a Democracy of Rights,” presented at February 2001 Symposium on Equal Protection at the University of Pennsylvania Law School
• Organized panel on “Judicial Review and the Normative Implications of the New Institutionalism” and presented paper “Judicial Review in a Democracy of Rights” at the 2000 meeting of the American Political Science Association
• “Historicism and Constitutional Interpretation in the United States,” presented at the 19th IVR World Congress, June 1999, New York City
• Organizer and chair, “Roundtable on the Clinton Crisis and the Presidency,” presented at the 1999 meeting of the American Political Science Association
• “Affirmative Action in History and Theory,” presented at the Brendan F. Brown Conference on Race and American Constitutionalism, Loyola University School of Law, March 1997, New Orleans
• Participated as discussant on panel “The Judiciary in the Constitutional Order” and on panel “What’s So Great About Constitutionalism” at the 1997 meeting of the American Political Science Association
• “On the Very Idea of Judicial Review,” presented at the 1996 meeting of the American Political Science Association 
• “Understanding American Constitutionalism,” presented at the 1995 Murphy Institute of Political Economy Conference on “Constitutions and Constitutionalism II”
• “Constitutional Rights and Democracy in the U.S.A.: The Issue of Judicial Review,” presented at the 17th IVR World Congress, June 1995 in Bologna, Italy (co-author)
• “The Constitution and State-Centered Theories of American Politics,” presented at the 1995 meeting of the American Political Science Association
• “The Hardest Questions in Constitutional Law: A Brief Catalog,” presented at the 1995 meeting of the Georgetown Discussion Group on Constitutional Law
• “The Problem of Constitutional Change in the United States,” presented at the 1994 Murphy Institute of Political Economy Conference on “Constitutions and Constitutionalism”
• “Judicial Review and Democracy Revisited,” presented at the 1993 meeting of the American Political Science Association
• “State and Constitution in the United States,” presented at the 1992 meeting of the Southwestern Political Science Association
• “Can a Conception of Political Right Adjudicate Between Conflicting Conceptions of the Good?,” presented at the 1990 Amintaphil Conference on Liberalism and Community