Mark Brandon

Former LAPA Fellow, 2008-2009

Home Institution, Vanderbilt University

LAPA Fellow, 2008-2009

LAPA Fellow

 Vanderbilt University Law School<br />131 21st Ave. South<br />Nashville, TN 37203-1181

 Curriculum Vitae




While at LAPA
Mark Brandon is Professor of Law and Political Science at Vanderbilt University, where he is also Director of the Law School's Program in Constitutional Law and Theory. His scholarship focuses on problems of constitutionalism. He is the author of a book, Free in the World (Princeton University Press), on American slavery and constitutional failure. He has also written on secession, federalism, limits to the amending power, and war in the American constitutional order. He received his Ph.D. from Princeton University, M.A. from University of Michigan, and J.D. from University of Alabama. His current scholarship investigates relations among family, law, and constitutional order in the United States. The project studies the ways in which family might participate in creating, maintaining, and changing a constitutional order, how the order might try to shape or use family, and how effective law can be in achieving either goal. At LAPA Brandon will be writing a book on the constitutional status of family based upon this research.



Free in the World: American Slavery and Constitutional Failure, Princeton University Press (1998)


"The Rankings Game," Symposium on Judicial Reputation, 62 Vanderbilt Law Review 311 (with James W. Ely, Jr.) (2009)

"Federalism, Founders, and the Court: Remarks on Killenbeck," Arkansas Law Review, v. 57, pp. 69-92 (2004)

"War and American Constitutional Order," Vanderbilt Law Review, v. 56, pp. 1815-1869 (2004)

"Home on the Range: Family and Constitutionalism in American Continental Settlement," Emory Law Journal, v. 52, pp. 645-707 (2003)

"Constitutionalism and Constitutional Failure," The Good Society, v. 9, pp. 61-67 (1999)

"Family at the Birth of American Constitutional Order," Texas Law Review, v. 77, pp. 1195-1234 (1999)

Book Chapters:

"War and Constitutional Change," eds. Stephen Macedo and Jeffrey Tulis, Limits of Constitutional Democracy, Princeton University Press, pp. 323-352 (2010)

"War and the American Constitutional Order," ed. Mark Tushnet, The Constitution in Wartime: Beyond Alarmism and Complacency, Duke University Press (abridgement of "War and American Constitutional Order," in Vanderbilt Law Review, v. 56) (2005)

"Secession, Constitutionalism, and American Experience," ed. Stephen Macedo and Allen Buchanan, NOMOS, v. 45 (revised reprinting of "No Exit? Secession and Constitutionalism," from Free in the World: American Slavery and Constitutional Failure) (2003)

"Constitutionalism and Constitutional Failure," eds. Sotirios A. Barber and Robert P. George, Constitutional Politics: Essays on Constitution Making, Maintenance and Change, Princeton University Press (abridgement of "Constitutionalism and Constitutional Failure," from The Good Society) (2001)

"The ‘Original’ Thirteenth Amendment and Limits to Formal Constitutional Change," ed. Sanford Levinson, Responding to Imperfection: The Theory and Practice of Constitutional Amendment (Princeton University Press, 1995)