The Constitution and Political Parties

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The Constitution and Political Parties

James Madison once observed that “[i]n every political society, parties are unavoidable.” Yet the Constitution itself contains no reference to political parties. What is more, it could be argued that political partisanship rather than constitutional principle now plays the central role in shaping our republic.

Is politics—rather than our Constitution—actually the “supreme Law of the Land?” And how should we understand the relationship between our Constitution and political parties?  As providing a defense for their autonomy? As a check on their vices? As something else entirely?

Friday, May 18, 2018 Video
1:00 PM Welcome – Paul Brest Hall
1:15 PM Introductory remarks by Michael McConnell – Paul Brest Hall

The Constitution and Political Parties

Watch Video: Welcome Remarks

1:30 PM Gerrymandering: Past & Present – Paul Brest Hall

  • Ben Ginsberg, Jones Day/Stanford Law School
  • Richard Hasen, University of California Irvine Law School
  • Pam Karlan, Stanford Law School
  • John Ryder, Harris, Shelton, Hanover, Walsh/Vanderbilt Law School

    Moderator: Harmeet Dhillon, Dhillon Law Group

The Constitution and Political Parties 1

Watch Video: Gerrymandering: Past & Present

3:30 PM Break – Paul Brest Hall
3:45 PM Restoring the Middle: Reforms to Reduce Polarization – Paul Brest Hall

  • Michael Barone, Washington Examiner
  • David Brady, Stanford Graduate School of Business
  • Morris Fiorina, Stanford University
  • William Galston, Brookings Institution
  • Franita Tolson, USC Gould School of Law

    Moderator: Jane Schacter, Stanford Law School

The Constitution and Political Parties 2

Watch Video: Restoring the Middle

6:00 PM Panels conclude
Saturday, May 19, 2018 Video
8:30 AM The Future of Campaign Finance – Paul Brest Hall (Didi Kuo)

  • Jim Bopp, Jr., Bopp Law Firm
  • Deborah Hellman, University of Virginia School of Law
  • Burt Neuborne, New York University School of Law
  • Bradley Smith, Capital Law School

    Moderator: Didi Kuo, Stanford University

The Constitution and Political Parties 3

Watch Video: The Future of Campaign Finance

10:30 AM The First Amendment & Regulation of Political Parties – Paul Brest Hall

  • Nate Persily, Stanford Law School
  • Michael Kang, Emory University School of Law
  • Genevieve Lakier, University of Chicago Law School
  • Ciara Torres-Spelliscy, Stetson University College of Law

    Moderator: Michael McConnell, Stanford Law School

The Constitution and Political Parties 4

Watch Video: First Amendment & Regulation of Political Parties

12:30 PM Lunch – Paul Brest Hall/Rehnquist Courtyard
1:30 PM Selection of Candidates: Reforming the Primary System – Paul Brest Hall

  • Sam Isaacharoff, New York University School of Law
  • Elaine Kamarck, Harvard University/Brookings Institution
  • Ben Ginsberg, Jones Day/Stanford Law School
  • Richard Pildes, New York University School of Law

    Moderator: Bruce Cain, Stanford University

The Constitution and Political Parties 5

Watch Video: Selection of Candidates

3:00 PM Break – Paul Brest Hall
3:15 PM Separation of Parties or Separation of Powers? – Paul Brest Hall

  • Will Baude, University of Chicago School of Law
  • Paul Horwitz, University of Alabama Law School
  • Charles Kesler, Claremont McKenna College
  • Richard Pildes, New York University School of Law
  • Mark Tushnet, Harvard Law School

    Moderator: Judge Consuello Callahan, United States Court of Appeals for the Ninth Circuit

The Constitution and Political Parties 6

Watch Video: Separation of Parties or Separation of Powers?

5:30 PM Final Reflections & Remarks by Michael McConnell – Paul Brest Hall

The Constitution and Political Parties 7

Watch Video: Final Reflections & Remarks

Organizer

Stanford Constitutional Law Center

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