Constitutional Studies subfield

Any science of how real people actually behave politically – how they act and talk in politically relevant ways – must be committed to integrating “normative” and “empirical” approaches to political knowledge. Constitutional Studies strives to be such a discipline.

We reject the fact-value dichotomy that remains popular in some academic circles despite its long decline in modern philosophy. Our field conceives constitutional democracy as seeking not merely to aggregate popular preferences but also to refine and enlarge popular preferences toward reasonable conceptions of the common good. Our field assumes a conception of political leadership shared by political thinkers from Aristotle to the authors of The Federalist and beyond: leadership that educates the public to its true interest, as opposed to its temporary inclinations. A substantial part of our program is thus devoted to the different conceptions of the public interest that have been debated from the American Founding to the present.

We also engage debates about the right approach to constitutional interpretation, the correct models of constitutional institutions, and the meaning and scope of constitutional powers and rights. Following the example of the American Founders, students of Constitutional Studies examine the experiences of other nations in an attempt to find what institutional arrangements work under what circumstances and might work at home for the benefit of the nation’s people. And from their concern for the material conditions for constitutional success, students study judicial behavior and how constitutional institutions interact with each other and with public opinion.

 

Faculty

Specialty with Constitutional Studies

Contact

Sotirios Barber

The American Founding, Federalism, Civil Rights, Constitutional Interpretation, Constitution and Public Policy, Constitutional Leadership

flaxbar@msn.com

574-631-6197

A.J. Bellia

Constitutional Law, Federalism, Legal History, The American Judicial System

Anthony.J.Bellia.3@nd.edu

574-631-9353

Patrick Deneen

American Political Thought, Democratic Theory, Religion and Politics, Constitutional Leadership

pdeneen1@nd.edu

574-631-7659

Richard Garnett

Freedom of Speech, Church and State, Philosophy of the American Constitution, Legal Research

rgarnett@nd.edu

574-631-6981

Matthew Hall Judicial politics, constitutional law and theory, American political institutions, and research methods

matt.hall@nd.edu

574-631-3015

Mary Keys

Political Theory, Philosophy of Law, Christian Political Thought

mkeys1@nd.edu

574-631-6921

Donald Kommers, Emeritus

Constitutional Law, Comparative Constitutional Law, Human Rights Law, Law and Religion, The German Constitutional Court

Donald.P.Kommers.1@nd.edu

574-631-6304

Phillip Muñoz

The American Founding, American Political Thought, Constitutional Leadership, Constitutional Law, Political Philosophy

vmunoz@nd.edu

574-631-0489

Emilia Powell

International Law and Organizations, International Courts, Territorial Disputes, Comparative Law, Peaceful Resolution of Interstate Disputes

epowell4@nd.edu

574-631-1460

Michael Zuckert

The American Founding, Political Philosophy, Constitutional Law, Classical and Modern Liberal Theory, Constitutional Leadership

zuckert.1@nd.edu

574-631-8050

 

Field Expectations for Second-Year and Third-Year Reviews.