The Yale Law Journal

Sanford Levinson


Popular Sovereignty and the United States Constitution: Tensions in the Ackermanian Program

Sanford Levinson

The very title of Bruce Ackerman’s now three-volume masterwork, We the People, signifies his commitment to popular sovereignty and, beyond that, to the embrace of democratic inclusion as the leitmotif of American constitutionalism. But “popular…


Assessing the Supreme Court’s Current Caseload: A Question of Law or Politics?

Sanford Levinson

I. Introduction: The Need for “Political” Analysis My participation in the excellent conference on case selection in the Supreme Court was surely based neither on my experience lawyering before the Court, nor on my systematic study of the case selection process as a methodologically sophisticat…