Sanford Levinson
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Sanford Victor Levinson (born June 17, 1941) is an American legal scholar known for his writings on
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in ...
. A professor at the University of Texas Law School, Levinson is notable for his criticism of the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...
as well as excessive presidential power and has been widely quoted on such topics as the Second Amendment,
gay marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 billion people (20% ...
, nominations to the Supreme Court, and other legal issues. He has called for a Second Constitutional Convention of the United States.


Early life and education

Levinson was born in 1941 in
Hendersonville, North Carolina Hendersonville is a city in and the county seat of Henderson County, North Carolina, United States, located south of Asheville, North Carolina, Asheville. Like the county, the city is named for 19th-century North Carolina Supreme Court Chief Jus ...
. He is Jewish. Levinson graduated from
Duke University Duke University is a Private university, private research university in Durham, North Carolina, United States. Founded by Methodists and Quakers in the present-day city of Trinity, North Carolina, Trinity in 1838, the school moved to Durham in 1 ...
with an A.B. in 1962, then earned a Ph.D. in
government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
from
Harvard University Harvard University is a Private university, private Ivy League research university in Cambridge, Massachusetts, United States. Founded in 1636 and named for its first benefactor, the History of the Puritans in North America, Puritan clergyma ...
in 1969. He then attended
Stanford Law School Stanford Law School (SLS) is the Law school in the United States, law school of Stanford University, a Private university, private research university near Palo Alto, California. Established in 1893, Stanford Law had an acceptance rate of 6.28% i ...
, graduating with a J.D. in 1973.


Academic career

Levinson was a member of the department of Politics at Princeton. Levinson taught law at Georgetown,
Yale Yale University is a private Ivy League research university in New Haven, Connecticut, United States. Founded in 1701, Yale is the third-oldest institution of higher education in the United States, and one of the nine colonial colleges ch ...
,
Harvard Harvard University is a private Ivy League research university in Cambridge, Massachusetts, United States. Founded in 1636 and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher lear ...
,
New York University New York University (NYU) is a private university, private research university in New York City, New York, United States. Chartered in 1831 by the New York State Legislature, NYU was founded in 1832 by Albert Gallatin as a Nondenominational ...
,
Boston University Boston University (BU) is a Private university, private research university in Boston, Massachusetts, United States. BU was founded in 1839 by a group of Boston Methodism, Methodists with its original campus in Newbury (town), Vermont, Newbur ...
,
Central European University Central European University (CEU; , ) is a private research university in Vienna. The university offers graduate and undergraduate programs in the social sciences and humanities, which are accredited in Austria and the United States. The univ ...
in Budapest, Panthéon-Assas University, the
Hebrew University The Hebrew University of Jerusalem (HUJI; ) is an Israeli public research university based in Jerusalem. Co-founded by Albert Einstein and Chaim Weizmann in July 1918, the public university officially opened on 1 April 1925. It is the second-ol ...
in Jerusalem, Shalom Hartman Institute in Jerusalem London, Auckland and Melbourne. In 2001, Levinson was elected to the
American Academy of Arts and Sciences The American Academy of Arts and Sciences (The Academy) is one of the oldest learned societies in the United States. It was founded in 1780 during the American Revolution by John Adams, John Hancock, James Bowdoin, Andrew Oliver, and other ...
. In 2010, he was given the Lifetime Achievement Award by the Law and Courts Section of the American Political Science Association. In 1980, he joined the
University of Texas School of Law The University of Texas School of Law (Texas Law) is the Law school in the United States, law school of the University of Texas at Austin, a public university, public research university in Austin, Texas. According to Texas Law’s American Bar ...
at
Austin, Texas Austin ( ) is the List of capitals in the United States, capital city of the U.S. state of Texas. It is the county seat and most populous city of Travis County, Texas, Travis County, with portions extending into Hays County, Texas, Hays and W ...
, where he is also a professor of government. He holds the W. St. John Garwood and W. St. John Garwood Jr. Centennial Chair in Law.


Books, scholarship, activism

Levinson is quoted often in publications about numerous legal topics. He has described himself as "a card-carrying A.C.L.U. member who doesn't own a gun" and has argued that the Second Amendment of the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...
limits the government's authority to regulate private gun ownership. Levinson's opinions on
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in ...
, including his opinions about Second Amendment cases, have been reported in the media. Levinson has been a panelist on programs sponsored by the Association of American Law Schools and has spoken on topics alongside prominent lawyers such as Kenneth W. Starr. Levinson has been identified as a "prominent liberal law professor" and been grouped with other professors including Laurence H. Tribe of
Harvard Harvard University is a private Ivy League research university in Cambridge, Massachusetts, United States. Founded in 1636 and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher lear ...
and Akhil Reed Amar of
Yale Yale University is a private Ivy League research university in New Haven, Connecticut, United States. Founded in 1701, Yale is the third-oldest institution of higher education in the United States, and one of the nine colonial colleges ch ...
. Levinson's opinion has been cited during the nominating process for
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
nominees. Levinson has been critical of
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
justices who have stayed in office despite medical deterioration stemming from age; for example, Levinson criticized Chief Justice William H. Rehnquist for a "degree of egoistic narcissism" by declaring six weeks before his death his intention to stay on. Levinson has called for
term limits A term limit is a legal restriction on the number of Term of office, terms a Incumbent, person may serve in a particular elected office. When term limits are found in Presidential system, presidential and Semi-presidential republic, semi-president ...
for Supreme Court justices, as has a growing list of "scholars across the ideological spectrum." He has published comments critical of
life tenure A life tenure or service during good behaviour is a term of office that lasts for the office holder's lifetime, unless the office holder decides personally to resign or is removed from office because of misbehaving in office or due to extraordina ...
for
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
justices. Levinson is particularly noted for his 1989 "seminal article" in the ''
Yale Law Journal ''The Yale Law Journal'' (YLJ) is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students at Yale Law School. The journal is one ...
'' entitled "The Embarrassing Second Amendment". He argued that the Second Amendment offers neither
gun rights The right to keep and bear arms (often referred to as the right to bear arms) is a legal right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, as well as ...
advocates nor
gun control Gun control, or firearms regulation, is the set of laws or policies that regulate the manufacture, sale, transfer, possession, modification, or use of firearms and ammunition by civilians. Most countries allow civilians to own firearms, bu ...
advocates a refuge. He argued "society must decide the issue of gun control on practical as well as on constitutional grounds ... the issue is to what extent does the Second Amendment permit the Government to do what it wants in controlling firearms, just as we have to establish the extent to which it can limit speech or break into your house without a warrant. Levinson has criticized liberal lawyers as treating "the Second Amendment as the equivalent of an embarrassing relative whose mention brings a quick change of subject." He has argued that the Constitution protects some personal ownership of firearms but admits that "courts are likely to rule that Congress can do almost anything short of an outright prohibition of owning guns." Levinson's article was cited in
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
Justice
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American lawyer and jurist who has served since 1991 as an associate justice of the Supreme Court of the United States. President George H. W. Bush nominated him to succeed Thurgood Marshall. Afte ...
' concurring opinion in '' Printz v. United States''. Levinson taught a course called ''Torture, Law and Lawyers'' at
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
in 2005. Levinson has written essays in ''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
''. Levinson edited ''Torture: A Collection'' (2005). A reviewer commented: "What's most striking about these essays is that despite their abstract and theoretical content, they generally do not contradict the depiction of actual interrogators described by Mackey and Miller. The wall between the liberal campus and a conservative, utilitarian-minded military breaks down because the questions are so serious that few of this book's contributors want to engage in polemics, and few – to their credit – ever seem completely comfortable with their own conclusions." Levinson has been a critic of the unitary executive and excessive presidential power. In the magazine ''
Dissent Dissent is an opinion, philosophy or sentiment of non-agreement or opposition to a prevailing idea or policy enforced under the authority of a government, political party or other entity or individual. A dissenting person may be referred to as ...
'', he argued that "constitutional dictators have become the American norm." Presidents "have an incentive to declare emergencies" and assume "quasi-dictatorial powers," wrote Levinson. Levinson was highly critical of president
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
who he regarded as possibly the "absolutely worst president." Levinson notes that President Obama seems likely to repeat the pattern of expansive presidential power. He wrote an essay titled "The Decider Can Become a Dictator" in which he criticized a system which allows presidents to make dictatorial decisions of great consequence without providing ways to discipline those who display bad judgment. Levinson commented about a ban on
gay marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 billion people (20% ...
proposed by former President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
in legal terms as a Constitutional issue. Levinson has criticized the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
(invoking comparisons to Thomas Jefferson) for what he considers to be its numerous failings, including an inability to remove the President despite lack of confidence by lawmakers and the public, the President's
veto power A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto p ...
as being "extraordinarily undemocratic", the difficulty of enacting Constitutional amendments through Article 5 and a lack of more representation in the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
for highly populated states such as
California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
. He also criticizes the primary process in which important states which aren't considered "battleground states" are ignored by presidential candidates. He's often called for a Second Constitutional Convention: "We ought to think about it almost literally every day, and then ask, 'Well, to what extent is government organized to realize the noble visions of the preamble?' That the preamble begins, 'We the people.' It's a notion of a people that can engage in self-determination." Levinson's book ''Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It)'' calls for "wholesale revision of our nation's founding document." Levinson appeared on the
Bill Moyers Bill Moyers (born Billy Don Moyers; June 5, 1934) is an American journalist and political commentator. Under the Johnson administration he served from 1965 to 1967 as the eleventh White House Press Secretary. He was a director of the Council ...
television program in 2007. Levinson's research interests include American Constitutional development, Constitutional design, law, religion,
multiculturalism Multiculturalism is the coexistence of multiple cultures. The word is used in sociology, in political philosophy, and colloquially. In sociology and everyday usage, it is usually a synonym for ''Pluralism (political theory), ethnic'' or cultura ...
,
society A society () is a group of individuals involved in persistent social interaction or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. ...
, and theories of Constitutional interpretation. Levinson participates in a blog called Balkinization, which focuses on constitutional,
First Amendment First most commonly refers to: * First, the ordinal form of the number 1 First or 1st may also refer to: Acronyms * Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array * Far Infrared a ...
, and other
civil liberties Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties of ...
issues, as well as a blog called ''Our Undemocratic Constitution''. With Jeffrey K. Tulis, he is co-editor of the '' Johns Hopkins Series in Constitutional Thought'' and also of a new series, ''Constitutional Thinking'' at University Press of Kansas.


Publications

* * * * * * *
Pdf.


See also

* Second Constitutional Convention of the United States


References


External links


Levinson's page at the University of Texas School of Law

Bloggingheads dialogue
between Levinson and Professor Randy Barnett of the
Georgetown University Law Center Georgetown University Law Center is the Law school in the United States, law school of Georgetown University, a Private university, private research university in Washington, D.C., United States. It was established in 1870 and is the largest law ...
, Bloggingheads.tv * {{DEFAULTSORT:Levinson, Sanford Living people American political writers American male non-fiction writers Jewish American academics Legal educators Harvard University alumni Stanford Law School alumni Duke University alumni 1941 births Writers from Austin, Texas People from Hendersonville, North Carolina University of Texas School of Law faculty American scholars of constitutional law