Constitutional theorists and other constitutional commentators make heavy use of a paradigm that mistakes certain aspects of our current constitutional decisionmaking process for inherent parts of our constitutional structure and ignores other important aspects of that process entirely. These distortions and elisions raise concerns about the accuracy of much descriptive constitutional commentar...

This article identifies a blind spot in constructivist theories of representation and their account legitimacy terms the challenge posed by ecologies social ignorance, generally especially during foundational moments. Social ignorance is conceptualised here not merely as absence knowledge or true belief but practice legitimising epistemically problematic political imaginaries institutional syst...

Using direct democracy, voters in a majority of states have considered, in recent years, whether the definition of marriage should include or exclude same-sex couples. This Article explores how individuals assessed three ballot measures that defined marriage in three states: two constitutional referendums that proposed to outlaw same-sex marriage in North Carolina and Minnesota, and a veto refe...

For 26 years, from 1960 until 1996 and the signing of the Accord for a “Firm and Lasting Peace”, Guatemala was the setting of one of the bloodiest of Latin America’s Cold War armed conflicts. During this period, a national security doctrine militarized the state. The last provision of the Peace Accord in Guatemala, the ‘Agreement on the Strengthening of Civilian Power and on the Role of the Arm...