State Constitutions and Governance in the U.S.

November 3

To explorer the Federalism Index Project visit:  https://www.federalismindex.org/
 
9:00 AM:  Session 1
 
 
Keynote Address: State Constitutions, Constitutionalism, and Federalism
John Dinan (Wake Forest University)
10:30 AM: Session 2
 
State Constitutions and American Political Development
Sean Beienburg (Arizona State University), Silvana Siddali (St. Louis University), Robinson Woodward-Burns (Howard University)
 
1:30 PM: Session 3
 
State Constitutions as Guardians of Rights
Jonathan Marshfield (Nebraska Law School), Lawrence Friedman (New England Law), John Dinan
 

November 4

9:00 AM : Session 1
 
Constitutions and Conflicts
Lori Riverstone-Newel (Illinois State University), Josh Blackman (South Texas College of Law Houston), Richard Briffault (Columbia Law School)

10:30 AM : Session 2

 

Creation and Consequence: State Constitutional Amendments
Adam Brown (Brigham Young University), Nancy Martorano-Miller (University of Dayton), Josh Altic (Ballotpedia)

1:30 PM : Session 3

 

What do we know, and how do we feel about our state constitutions?
Alan Tarr (Rutgers), J.H. Snider (iSolon.org), James Zink (North Carolina State University)

Speakers

josh-altic

Josh Altic

Managing Editor
Ballotpedia
 

Josh Altic is a Managing Editor for Ballotpedia. Josh joined the staff in 2012. Josh covers statewide measures, local measures, and ballot measure-related law and processes. He first joined Ballotpedia as an Assistant Staff Writer in August 2012. Josh has appeared on national radio programs, including NPR's Diane Rehm Show, and on national television with PBS Newshour, and C-SPAN. He has also been featured in many publications and Associated Press articles. His op-ed on ballot measures was published in The New York Times.


sean-beienburg

Sean Beienburg

School of Civic and Economic Thought and Leadership
Assistant Professor
 

After growing up in Phoenix, Arizona, Sean Beienburg attended Pomona College in Claremont, California, graduating in 2008 with majors in politics and history, and completed his doctorate at Princeton University in New Jersey in 2015. Before coming to ASU, he taught at Haverford College and Lehigh University in Pennsylvania.

Beienburg's teaching and research interests include the U.S. Constitution and constitutional law, Arizona constitutionalism, federalism and state constitutionalism/politics, 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 Prohibition, the Constitution, and States' Rights (published by the University of Chicago Press, 2019) and is finishing another book on states as constitutional interpreters and progressive federalists in the progressive and New Deal eras.

He is the project director of the Living Repository of the Arizona Constitution initiative.

In addition to his scholarly work, he also written about the political themes of Christopher Nolan's Dark Knight trilogy.


josh-blackman

Josh Blackman

Professor of Law
South Texas College of Law Houston
 
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.

Since 2012, Josh has served as a professor at the South Texas College of Law Houston. Josh is also an adjunct scholar at the Cato Institute. Josh has authored three books. His latest, An Introduction to Constitutional Law, was a top-five bestseller on Amazon. Josh has written more than five dozen law review articles that have been cited nearly a thousand times. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League.


josh-briffault

Richard Briffault

Joseph P. Chamberlain Professor of Legislation
Columbia Law School
 

Since joining the Columbia Law School faculty in 1983, Richard Briffault has combined public and government service with teaching, research, and scholarship. He is the Law School’s authority on state and local government; the news media often turns to him for his expert insight into and analysis of issues central to democracy and the political process such as campaign finance reform, government ethics, gerrymandering, and fair elections. He is also a leading thinker on “the new preemption,” a critique of states that are increasingly passing ideological laws that override local ordinances. Working with the Local Solutions Support Center, he educates city and county government officials on how to respond to state preemption.

Briffault is a pillar of the Columbia Law School community. He has served as a vice dean at three different times during his career. He sits on the advisory boards of the Law School’s Center for the Advancement of Public Integrity and the Public Interest/Public Service Fellows Program, and on the board of directors of the Columbia Journal of Law & Social Problems.

A prodigious scholar, Briffault has written more than 75 law review and journal articles as well as books and monographs, including Dollars and Democracy: A Blueprint for Campaign Finance Reform; Cleaning Up Hazardous Waste: Is There a Better Way?; and the fifth, sixth, seventh, and eighth editions of the casebook State and Local Government Law.

Before becoming an academic, Briffault was a clerk to Judge Shirley M. Hufstedler of the 9th U.S. Circuit Court of Appeals, an assistant counsel to New York Governor Hugh L. Carey, and an associate at Paul Weiss Rifkind Wharton & Garrison. During his tenure at Columbia Law, he has served as a member of, or consultant to, an array of New York state and city commissions, including the New York State Moreland Act Commission to Investigate Public Corruption. From 2014 to 2020, Briffault served as chair of the New York City Conflicts of Interest Board. He is the reporter for the American Law Institute’s Project on Principles of Government Ethics and vice-chair of the Citizens Union of the City of New York.


 

adam-brown

Adam Brown

Associate Professor
Brigham Young University
 

Dr. Adam Brown is an associate professor of political science at Brigham Young University and a faculty scholar at BYU's Center for the Study of Elections and Democracy. He has taught courses on Utah politics, public lands, Congress, American state politics, voter behavior, and American government generally. Dr. Brown's research examines political institutions and representation across the American states, with articles in the Journal of Politics, Political Behavior, State Politics and Policy Quarterly, and elsewhere. He is also the author of the only scholarly book on Utah politics. His current book manuscript examines the origins and implications of constitutional specificity in the states, finding that lengthier constitutions receive more amendments, attract more judicial invalidations, and result in worse policy performance. Dr. Brown received the Mollie and Karl Butler Young Scholar Award from the Charles Redd Center for Western Studies in 2018. He received his PhD from the University of California, San Diego, in 2008.


nicholas-cole

Nicholas Cole

Senior Research Fellow at Pembroke College
Director of the Quill Project
 
Dr. Nicholas Cole studies the political thought of the eighteenth and nineteenth centuries and the history of democratic institutions. His particular interests are the influence of classical political thought on America’s first politicians, and the search for a new ‘science of politics’ in post-Independence America. He runs the Quill Project on Negotiated Texts, based at Pembroke College, which studies the creation of constitutions, treaties, and legislation. The Quill software platform (developed with colleagues at the Oxford e-Research Centre) presents a recreation of the original context within which decisions about these texts were made. The flagship work of the project is a presentation of the records of the Constitutional Convention of 1787 that wrote the Constitution of the United States and a variety of other projects are planned or in progress. Dr. Cole teaches American history and the history of political thought and supervises graduates working on the history of institutions, political thought and classical reception. He runs the TORCH network on Negotiated Texts.

john-dinan

John Dinan

Professor of Politics
Wake Forest University

 

John Dinan is a professor of politics and international affairs at Wake Forest University.  He is the author of several books, including "State Constitutional Politics: Governing by Amendment in the American States” and "The American State Constitutional Tradition."  He also writes an annual review of state constitutional developments in the 50 states and has published numerous articles analyzing various aspects of the U.S. federal system.  He is the current editor of Publius: The Journal of Federalism and a past chair of the Federalism and Intergovernmental Relations Section of the American Political Science Association.  He received his PhD from the University of Virginia.


lawrence-friedman

Lawrence Friedman

Professor of Law
New England Law
 

Fewer subjects are more critical to success in law school and the legal profession than constitutional law. And there are fewer individuals more familiar with this ever-evolving subject than Professor Lawrence Friedman.

Author of a constitutional law casebook and co-author of the leading state constitutional law casebook, Professor Friedman is a recognized expert in privacy law, national security, and related issues that test the boundaries of federal and state constitutional law to the digital age. He was recently selected by Oxford University Press to edit OUP’s series on the American state constitutions. Lawrence also frequently serves as a constitutional law expert for WHDH-TV Boston.

Professor Friedman teaches, writes, and speaks about the new challenges facing constitutional systems grappling with privacy and public expression interests in an age of terrorism, international crimes, and online hate speech.

Before joining the New England Law faculty in 2004, Professor Friedman was a visiting assistant professor of law at Boston College Law School and a lecturer on law at Harvard Law School. Before teaching, he was an associate with Choate, Hall & Stewart in Boston, focusing on environmental, land use, Internet, and government enforcement litigation. He served as a law clerk with the New Hampshire Superior Court and then as law clerk to the Honorable John T. Broderick, Jr., of the New Hampshire Supreme Court.


jonathan-marshfield

Jonathan Marshfield

Assistant Professor of Law
Nebraska College of Law
 
Professor Marshfield teaches courses related to public law and litigation, including Civil Procedure, Civil Rights Litigation, and Remedies. In 2021, Professor Marshfield received the 1L Professor of the Year Award for his teaching. His research focuses on state constitutional law and constitutional change. His state constitutional law research has been cited by the New Jersey Supreme Court, and his research into constitutional change has been cited by leading scholars in law reviews, textbooks, and academic journals. Professor Marshfield has also served as a consultant to foreign officials regarding issues of constitutional revision, and he has advised public policy groups regarding voter awareness and ballot issues.

Before joining the University of Nebraska faculty, Professor Marshfield taught at the University of Arkansas School of Law and practiced as a commercial litigator with Latham & Watkins LLP and Saul Ewing LLP. He also clerked for Judge Robert B. Kugler, United States District Judge for the District of New Jersey, and Chief Justice James R. Zazzali of the Supreme Court of the State of New Jersey. While in practice, Professor Marshfield represented several large financial firms and fortune 500 companies regarding a variety of complex disputes in both state and federal court. He has significant experience in most stages of civil litigation, including deposing and examining witnesses, managing complex electronic discovery, arguing pre-trial and dispositive motions, handling settlement mediations, and participating in civil trials.


grace-mallon

Grace Mallon

DPhil Candidate 
University of Oxford
 

Grace Mallon is working on a doctoral project asking how the governments of the American states responded to the implementation of the US Constitution after 1789, how they interacted with the federal government, and how the creation of the new federal system changed how they governed. Her broader research interests include the history of the US Constitution and of law, politics, and government between the American Revolution and the American Civil War. She is interested in the history of nationalism; in modern European history, especially Germany; and in the evolution of historical theories and methodologies across time. Grace Mallon gained a BA in History and a MSt in US History from the University of Oxford, where she is a member of University College. After graduating, she was closely involved with the creation of a digital model of the 1787 Constitutional Convention at the Quill Project at Pembroke College. As a graduate student, she co-founded the Oxford Early American Republic Seminar, which is based at the Rothermere American Institute.


nancy-mortorano-miller

Nancy Martorano Miller

Assistant Professor
University of Dayton
 

Nancy Martorano Miller received her B.A. in Political Science from Clemson University (1995) and her M.A. (2000) and Ph.D. (2002) in Political Science from Rice University. She joined the University of Dayton as part of the Political Science faculty as an assistant professor in the fall of 2002. She was promoted to associate professor in 2008.

Dr. Martorano Miller's research focuses on governing institutions and processes at the state-level. Her past research has focused on state legislative committee systems and minority party procedural rights. Her current research focuses on the politics of state constitutions. She was awarded the Alan Rosenthal Prize by the Legislative Studies Section of the American Political Science Association in 2007 for her research on state legislative committee systems. Dr. Martorano Miller was a keynote speaker at "The Rights of the Political Minority" conference held at the Rothermere American Institute at Oxford University in 2014, where she highlighted her research on minority party procedural rights in the policy-making process.

Her work has appeared in the following academic journals: Legislative Studies Quarterly, State Politics and Policy Quarterly, American Review of Politics, Journal of Legislative Studies, Albany Law Review and The Social Science Journal. Dr. Martorano Miller has also served as the associate editor of State Politics and Policy Quarterly.

Dr. Martorano Miller has provided political commentary for numerous local (Dayton Daily News, Channel 2, and Channel 22/45), national (CNN.com, Associated Press) and international (BBC) media outlets. She has also appeared as a guest on Sirius XM's "Jim Parson's is Too Stupid for Politics."


lori-riverstone-newell

Lori Riverstone-Newell

Associate Professor
Illinois State University
 
Dr. Riverstone-Newell graduated with a Masters of Public Administration and a Doctorate in Political Science from the University of Tennessee-Knoxville. She lives in Bloomington, IL., with her husband and daughter.

Teaching Interests & Areas

Subnational politics, particularly Urban Politics and Intergovernmental Relations. Also, Public Administration and Environmental Politics.

Research Interests & Areas

Primary focus is on the interaction of governments in the U.S. intergovernmental system, specifically, the tools and strategies used by state and local governments to accomplish their goals and defend their interests in America's highly competitive political system.


silvana-siddali

Silvana R. Siddali

Professor
Saint Louis University
 
Silvana R. Siddali received her Ph.D. in History from Harvard University in 1999, where she studied with the late William E. Gienapp. She taught at Illinois State University from 1999 through 2003, and is now Associate Professor of History at Saint Louis University in St. Louis, Missouri. She teaches courses in the Civil War and Reconstruction, Constitutional History, and the history of the Old Northwest. Dr. Siddali has been the recipient of numerous grants and fellowships, including a grant from the National Endowment for the Humanities and from the Gilder-Lehrman Foundation. She was invited to present her work at the Abraham Lincoln Presidential Library and Museum opening celebration in 2005. Her first book, From Property to Person: Slavery and the Confiscation Acts, 1861-1862 was published by Louisiana State University Press in 2005. Her second book, Missouri's War: The Civil War in Documents, will appear in October 2008 from Ohio University Press. She is currently working on a book on democracy and self-government in the states and territories carved from the Old Northwest in the decades before the Civil War.

jh-snider

J.H. Snider

President of iSolon.org
Editor of The State Constitutional Convention Clearinghouse
 

Since 2007, J.H. Snider has been the president of iSolon.org and editor of The State Constitutional Convention Clearinghouse while also intermittently serving as a fellow at various institutions.

During the 2012-2013 academic year, he was a Lab Fellow at Harvard University’s Edmond J. Safra Center for Ethics.  During the 2011-2012 academic year, he was a Network Fellow at Harvard University’s Edmond J. Safra Center for Ethics.  In 2008, he was a fellow at the Harvard Kennedy School of Government’s Shorenstein Center on the Press, Politics and Public Policy (since renamed the Shorenstein Center on Media, Politics and Public Policy).  From 2007-2011, he was an affiliated researcher at Columbia University’s Institute for Tele-Information.

He has published dozens of think tank working papers and scholarly articles, hundreds of op-eds, and two books. His recent op-eds on periodic state constitutional convention referendums have been compiled in The State Con-Con Papers.

He has a Ph.D. in American Government (with a specialty in political communications) from Northwestern University, an M.B.A. from the Harvard Business School (where he focused non-profit management), and an undergraduate degree in Social Studies from Harvard College.

He has had extensive experience in local politics.  In 2010, he led the campaign in Maryland to educate the public on the November 2, 2010 referendum to convene a state constitutional referendum.  The referendum received 54.4% of the vote.


alan-tarr

Alan Tarr

Director
Center for State Constitutional Studies at Rutgers University
 

G. Alan Tarr was founder and director of the Center for State Constitutional Studies and is now on the Board of Governors Professor Emeritus of Political Science at Rutgers University-Camden. He served as editor of State Constitutions of the United States, a 50-volume reference series (Oxford University Press) and as co-editor of the three-volume State Constitutions for the Twenty-first Century (State University of New York Press), of Constitutional Origins, Structure, and Change in Federal Countries (McGill-Queen's University Press), and of Federalism, Subnational Constitutions, and Minority Rights (Praeger). He is the author of Without Fear or Favor (Stanford University Press), Understanding State Constitutions (Princeton University Press) and Judicial Process and Judicial Policymaking (Rutledge); co-author of State Supreme Courts in State and Nation (Yale University Press) and of American Constitutional Law (Rutledge). Three times the recipient of fellowships from the National Endowment for the Humanities and more recently a Fulbright Fellow at the University of Ottawa, he has lectured on federalism and constitutionalism throughout the United States and in Africa, Asia, Europe, and South America.


 

robinson-woodward-burns

Robinson Woodward-Burns

Assistant Professor
Howard University
 
I am an assistant professor in the Department of Political Science at Howard University, where I research and teach on American constitutionalism, civil and voting rights, federalism, and slavery and abolition. I hold a Ph.D. in political science from the University of Pennsylvania.

My first book, Hidden Laws: How State Constitutions Stabilize American Politics, was published in 2021 by Yale University Press. Using datasets and chronological case studies, the book argues that high barriers to national constitutional change have encouraged reformers to instead seek state constitutional revision, addressing national controversies over economic and labor laws and voting, civil, and gender rights.

My research is also published or forthcoming in The Journal of PoliticsPolity, Perspectives on Politics, The Maryland Law Review, and The Tulsa Law Review. I have written on these topics, with a special emphasis on DC statehood, in The Atlantic and The Washington Post.

In 2021 I was awarded a Library of Congress Kluge Fellowship to write a book on constitutional hardball.


 

james-zink

James Zink

Associate Professor
North Carolina State University
 

Dr. Jim Zink teaches political theory, American political thought, and constitutionalism courses at North Carolina State University’s School of Public and International Affairs. He is the author of several publications the most recent titled "The Independence of the Declaration and Constitution: Disharmony and Divergence in the First Missouri Crisis." He received his Ph.D. in Political Science at the University of California and a J.D. from DePaul University College of Law.