Gary J. Jacobsohn
Professor — PhD, Cornell University
Professor, Malcolm Macdonald Professor in Constitutional and Comparative Law

Contact
- E-mail: gjacobsohn@austin.utexas.edu
- Phone: 512-232-1444
- Office: MEZ 3.110
- Campus Mail Code: A1800
Interests
Constitutional Theory, Comparative Constitutionalism
Biography
Professor Jacobsohn's interests and work lie at the intersection of constitutional theory and comparative constitutionalism. His current work focuses on the question of constitutional change, and in that connection he is completing a book on Constitutional Revolution. He has held fellowships from the Woodrow Wilson Center for International Scholars, the Fulbright Foundation, and the National Endowment for the Humanities. He is a past President of the New England Political Science Association, and has served as co-editor of the Rowman and Littlefield series on Studies in American Constitutionalism. Before coming to the University of Texas he was the Woodrow Wilson Professor of Government at Williams College in Massachusetts.
Among Professor Jacobsohn's publications are: Pragmatism, Statesmanship and the Supreme Court (Cornell University Press, 1977), The Supreme Court and the Decline of Constitutional Aspiration(Rowman and Littlefield, 1986), Apple of Gold: Constitutionalism in Israel and the United States (Princeton University Press, 1993), The Wheel of Law: India's Secularism in Comparative Constitutional Context (Princeton University Press and Oxford University Press-India, 2003), American Constitutional Law: Essays, Cases, and Comparative Notes (with Donald Kommers and John Finn) (Rowman and Littlefield, 2009), Constitutional Identity, (Harvard University Press, 2010), and Comparative Constitutional Theory (with Miguel Schor) (Elgar Press, 2018).
Courses
GOV 357F • Constitutnl Struct Of Power-Wb
38685 • Spring 2021
Meets TTH 11:00AM-12:30PM
Internet; Synchronous
GOV 357M • Structure Of Indiv Liberties
38065 • Spring 2020
Meets TTH 9:30AM-11:00AM BUR 130
(also listed as CTI 326)
GOV 384N • Comparative Constitutionalism
38270 • Spring 2020
Meets W 3:30PM-6:30PM BAT 1.104
GOV 357M • Constitutnl Struct Of Power
37595 • Fall 2019
Meets TTH 11:00AM-12:30PM WAG 201
GOV 357M • Structure Of Indiv Liberties
38325 • Spring 2019
Meets TTH 9:30AM-11:00AM PAR 203
(also listed as CTI 326)
GOV 384N • American Legal Philosophy
38500 • Spring 2019
Meets W 4:00PM-7:00PM CAL 21
GOV 357M • Constitutnl Struct Of Power
38520 • Fall 2018
Meets TTH 11:00AM-12:30PM CBA 4.328
GOV 357M • Structure Of Indiv Liberties
38300 • Spring 2018
Meets TTH 11:00AM-12:30PM MEZ 2.124
(also listed as CTI 326)
GOV 384N • Comparative Constitutionalism
38505 • Spring 2018
Meets W 3:30PM-6:30PM BAT 1.104
GOV 357M • Constitutnl Struct Of Power
38740 • Fall 2017
Meets TTH 9:30AM-11:00AM WAG 420
GOV 357M • Structure Of Indiv Liberties
38705 • Spring 2017
Meets TTH 11:00AM-12:30PM CLA 0.130
(also listed as CTI 326)
GOV 384N • American Legal Philosophy
38915 • Spring 2017
Meets W 3:30PM-6:30PM BAT 1.104
GOV 357M • Constitutnl Struct Of Power
38490 • Fall 2016
Meets TTH 11:00AM-12:30PM MEZ B0.306
GOV 357M • Structure Of Indiv Liberties
37955 • Spring 2016
Meets TTH 11:00AM-12:30PM CBA 4.324
(also listed as CTI 326)
GOV 384N • Comparative Constitutionalism
38150 • Spring 2016
Meets W 3:30PM-6:30PM BAT 1.104
(also listed as LAW 397S)
GOV 357M • Constitutnl Struct Of Power
37770 • Fall 2015
Meets TTH 11:00AM-12:30PM MEZ B0.306
GOV 357M • Structure Of Indiv Liberties
38015 • Spring 2015
Meets TTH 11:00AM-12:30PM MEZ B0.306
GOV 357M • Constitutnl Struct Of Power
38890 • Fall 2014
Meets TTH 11:00AM-12:30PM MEZ B0.306
GOV 384N • American Legal Philosophy
39074 • Fall 2014
Meets W 3:30PM-6:30PM BEN 1.118
GOV 357M • Structure Of Indiv Liberties
39250 • Spring 2014
Meets TTH 11:00AM-12:30PM MEZ B0.306
GOV 384N • Comparative Constitutionalism
39463 • Spring 2014
Meets T 3:30PM-6:30PM BAT 1.104
GOV 357M • Constitutnl Struct Of Power
39225 • Fall 2013
Meets TTH 11:00AM-12:30PM PAR 203
GOV 384N • American Legal Philosophy
39090 • Spring 2013
Meets T 3:30PM-6:30PM BAT 1.104
GOV 357M • Structure Of Indiv Liberties
38755 • Spring 2012
Meets TTH 11:00AM-12:30PM MEZ B0.306
GOV 357M • Constitutnl Struct Of Power
38760 • Fall 2011
Meets TTH 12:30PM-2:00PM PAR 1
GOV 384N • Comparative Constitutionalism
38925 • Fall 2011
Meets W 3:30PM-6:30PM BAT 1.104
GOV 357M • Structure Of Indiv Liberties
38970 • Spring 2011
Meets TTH 11:00AM-12:30PM MEZ B0.306
GOV 357M • Constitutnl Struct Of Power
38580 • Fall 2010
Meets TTH 12:30PM-2:00PM MEZ B0.306
GOV 384N • American Legal Philosophy
38805 • Fall 2010
Meets W 3:30PM-6:30PM BAT 1.104
GOV 357M • Structure Of Indiv Liberties
38890 • Spring 2010
Meets TTH 11:00AM-12:30PM MEZ B0.306
GOV 357M • Constitutnl Struct Of Power
39207 • Fall 2009
Meets MW 3:00PM-4:30PM MEZ B0.306
GOV 384N • Comparative Constitutionalism
39388 • Fall 2009
Meets T 3:30PM-6:30PM BAT 1.104
GOV 384N • American Legal Philosophy
38530 • Spring 2009
Meets M 3:00PM-6:00PM BAT 5.102
GOV 357M • Structure Of Indiv Liberties
39340 • Spring 2008
Meets TTH 3:30PM-5:00PM UTC 3.110
GOV 357M • Constitutnl Struct Of Power
40057 • Fall 2007
Meets TTH 3:30PM-5:00PM GSB 2.126
GOV 384N • Comparative Constitutionalism
40280 • Fall 2007
Meets W 3:00PM-6:00PM BAT 5.102
GOV 357M • Structure Of Indiv Liberties
38840 • Spring 2007
Meets TTH 11:00AM-12:30PM MEZ B0.306
GOV 384N • American Legal Philosophy
39055 • Spring 2007
Meets W 3:30PM-6:30PM MEZ 5.104
GOV 357M • Constitutnl Struct Of Power
39770 • Fall 2006
Meets TTH 2:00PM-3:30PM PAR 1
GOV 357M • Structure Of Indiv Liberties
37825 • Spring 2006
Meets TTH 9:30AM-11:00AM PAR 203
GOV 384N • Const Change In Compar Persp
38145 • Spring 2006
Meets W 3:00PM-6:00PM BUR 234
GOV 357M • Constitutnl Structure Of Power
37705 • Fall 2005
Meets TTH 2:00PM-3:30PM BUR 212
GOV 357M • Structure Of Indiv Liberties
36370 • Spring 2005
Meets TTH 11:00AM-12:30PM MEZ B0.306
GOV 384N • Comparative Constitutionalism
36635 • Spring 2005
Meets W 3:00PM-6:00PM BUR 234
GOV 357M • Constitutnl Structure Of Power
37351 • Fall 2004
Meets TTH 2:00PM-3:30PM BUR 212
Books, Articles, & Reviews
Books
- THE WHEEL OF LAW: INDIA’S SECULARISM IN COMPARATIVE CONSTITUTIONAL CONTEXT (Princeton University Press, 2003, Oxford University Press – India, 2003)
- APPLE OF GOLD: CONSTITUTIONALISM IN ISRAEL AND THE UNITED STATES (Princeton University Press, 1993)
- THE SUPREME COURT AND THE DECLINE OF CONSTITUTIONAL ASPIRATION (Rowman & Littlefield, 1986)
- PRAGMATISM, STATESMANSHIP, AND THE SUPREME COURT (Cornell University Press, 1977)
- AMERICAN CONSTITUTIONAL LAW: ESSAYS, CASES, AND COMPARATIVE NOTES (2nd ed.), with
Donald P. Kommers and John E. Finn (Rowman & Littlefield, 2004) - DIVERSITY AND CITIZENSHIP: REDISCOVERING AMERICAN NATIONHOOD, Co-edited with Susan Dunn (Rowman & Littlefield, 1996)
Articles and Essays
- “The Sounds of Silence: Militant and Acquiescent Constitutionalism,” in H. Richard Zinman, ed.,The Supreme Court and the Idea of Constititionalism (University of Pennsylvania Press, (forthcoming).
- “Constitutional Borrowing in South Asia: India, Sri Lanka, and Constitutional Identity,” (with Shylashri Shankar) in Sunil Khilnani and Vikram Raghavan, eds., Comparative Tradition in South Asia (Oxford University Press, forthcoming).
- "Aspirationalism," in David Tanenhaus, ed., Encyclopedia of the Supreme Court of the United States (Macmillan, forthcoming).
- “Bommai and the Judicial Power: A View From the United States,” Indian Journal of Constitutional Law, V. 2, 2008.
- “After the Revolution,” Israel Law Review, V. 34, 2000.
- “‘By the Light of Reason’: Corruption, Religious Speech, and Constitutional Essentials,” in Nancy L. Rosenblum, ed., Religion and Law: Obligations of Citizenship and Demands of Faith (Princeton University Press, 2000).
- "Dramatic Jurisprudence," in William N. Eskridge, Jr. and Sanford Levinson, eds., Constitutional Stupidities, Constitutional Tragedies (NYU Press, 1998).
- "Hindu Nationalism and the Israeli Experience," Journal of Indo-Judaic Studies, V. 1, 1998.
- "Comparative Constitutional Analysis and the Secular Polity," The Good Society: A PEGS Journal, V. 7, 1997.
- "Three Models of Secular Constitutional Development: India, Israel, and the United States," Studies in American Political Development, V. 10, 1996.
- "Contemporary Constitutional Theory, Federalism, and the Protection of Rights," in Ellis Katz and G. Alan Tarr, eds., Federalism and Rights (Rowman & Littlefield, 1996).
- "States' Rights," in Leonard W. Levy and Louis Fisher, eds., Encyclopedia of the American Presidency (Simon & Schuster, 1993).
- "Censorship in Israel," in Ilan Peleg, ed., Censorship (Westview Press, 1993).
- "Political Incorporation and Democratic Theory," in George E. Marcus and Russell Hanson, eds., Reconsidering the Democratic Electorate (Penn State University Press, 1993).
- "Pragmatism," in Leonard W. Levy, Kenneth L. Karst, and John G. West, Jr., eds., Encyclopedia of the American Constitution - Supplementary Edition (Macmillan Publishing Co. Inc., 1991).
- "Judicial Activism in Israel," in Kenneth Holland, ed., Judicial Activism In Comparative Perspective (Macmillan Publishing Co. and St. Martin's Press, 1991).
- "Alternative Pluralisms: Israeli and American Constitutionalism In Comparative Perspective," Review of Politics, V. 51, 1989.
- "Judicial Activism and the Founders," in J. Jackson Barlow, Dennis J. Mahoney, and John G. West, Jr., eds., The New Federalist Papers (University Press of America, 1988).
- "Rules are Not Enough: An Argument For Principled Unpredictability," in Sarah Baumgartner Thurow, ed., Constitutionalism in Perspective: The United States Constitution in Twentieth Century Politics (University Press of America, 1988).
- "Natural Rights and the Constitution: American Experience and the Israeli Dilemma," Vera Lex, V.7, No. 2, 1987.
- "Modern Jurisprudence and The Transvaluation of Liberal Constitutionalism," Journal of Politics, V. 47, 1985.
- "E.T.: The Extra-Textual in Constitutional Interpretation," Constitutional Commentary," V. 1, 1983.
- "Legal Science Revisited and Reinterpreted: Roscoe Pound's The Spirit of the Common Law," in Sidney A.Pearson, Jr., ed., The Constitutional Polity: Essays on the Founding Principles of American Politics (University Press of America, 1983).
- "Abraham Lincoln 'On This Question of Judicial Authority': The Theory of Constitutional Aspiration," Western Political Quarterly, V. 36, No. 1, 1983.
- "Hamilton, Positivism, and the Constitution: Judicial Discretion Reconsidered," Polity, V. 14, 1981.
- "The Unanimous Verdict: Politics and the Jury Trial," Washington University Law Review, V. 1976, 1977.
- "The Right To Disagree: Judges, Juries, and the Administration of Justice in Maryland," Washington University Law Review, V. 1976, 1977.
- "Citizen Participation in Policy-Making: The Role of the Jury," Journal of Politics, V. 39,1977.
- "The Pragmatic Dogma' of the Political Thicket: The Jurisprudential Paradox of 'One Man, One Vote'", Polity, V. 9, 1977.
- "Constitutional Adjudication and Judicial Statesmanship: Principle, Fact, and Doctrine,"Journal of Public Law, V. 23, 1974.
- "Felix Frankfurter and the Ambiguities of Judicial Statesmanship," New York University
Law Review , V. 49, 1974.
Recently Published Articles
- “Constitutional Identity,” The Review of Politics, V. 68, 2006.
- “An Unconstitutional Constitution? A Comparative Perspective,” I-CON: International Journal of Constitutional Law, V. 4, 2006.
- “The Permeability of Constitutional Borders,” Texas Law Review, V. 82, 2004.
Book Reviews
- Martha C. Nussbaum, THE CLASH WITHIN: DEMOCRACY, RELIGIOUS VIOLENCE, AND INDIA’S FUTURE, in Journal of Law and Religion, V. 23, 2008.
- S. K. Verma and Kusum Kumar, FIFTY YEARS OF THE SUPREME COURT OF INDIA: ITS GRASP AND
REACH, in The Law and Politics Book Review, V. 14, No. 6, 2004. - Reuven Y. Hazan, REFORMING PARLIAMENTARY COMMITTEES: ISRAEL IN COMPARATIVE
PERSPECTIVE, in American Political Science Review, V. 96, 2002. - Gregg Ivers, TO BUILD A WALL: AMERICAN JEWS AND THE SEPARATION OF CHURCH AND STATE, in Studies in Contemporary Jewry, V. 13, 1998.
- Wayne D. Moore, CONSTITUTIONAL RIGHTS AND POWERS OF THE PEOPLE, in The Law and Politics Book Review, V. 7, No. 2, 1997.
- Lane V. Sunderland, POPULAR GOVERNMENT AND THE SUPREME COURT: SECURING THE PUBLIC GOOD AND PRIVATE RIGHTS, in American Political Science Review, V. 90, No. 4, 1996.
- James P. Pinkerton, WHAT COMES NEXT: THE END OF BIG GOVERNMENT - AND THE NEW PARADIGM AHEAD
- Victor Kamber, GIVING UP ON DEMOCRACY: WHY TERM LIMITS ARE BAD FOR AMERICA, in The Washington Post Book World, November 26, 1995.
- Edward J. Cleary, BEYOND THE BURNING CROSS: THE FIRST AMENDMENT AND THE LANDMARK R.A.V. CASE, in The Washington Post Book World, November 21, 1994.
- Bernard Schwartz, MAIN CURRENTS IN AMERICAN LEGAL THOUGHT (feature review), in Perspectives on Political Science, V. 23, No. 3, 1994.
- Douglas Greenberg, Stanley N. Katz, Melanie Beth Oliviero, and Steven C. Wheatley, eds., CONSTITUTIONALISM AND DEMOCRACY: TRANSITIONS IN THE CONTEMPORARY WORLD, in The Law and Politics Book Review, V. 4, No. 2, 1994.
- Richard B. Bernstein, AMENDING AMERICA: IF WE LOVE THE CONSTITUTION SO MUCH, WHY DO WE KEEP TRYING TO CHANGE IT?
- Bernard Bailyn, ed., THE DEBATE ON THE CONSTITUTION: FEDERALIST AND ANTIFEDERALIST SPEECHES, ARTICLES AND LETTERS DURING THE STRUGGLE OVER RATIFICATION, in The Washington Post Book World, September 5, 1993.
- Christopher P. Manfredi, JUDICIAL POWER AND THE CHARTER: CANADA AND THE PARADOX OF LIBERAL CONSTITUTIONALISM, in American Political Science Review, V. 87, No. 4, 1993.
- Yochanan Peres and Ephraim Yuchtman-Yaar, TRENDS IN ISRAELI DEMOCRACY: THE PUBLIC'S VIEW, in International Journal of Middle East Studies, V. 25, No. 2, 1993.
- Hadley Arkes, BEYOND THE CONSTITUTION, in American Political Science Review, V. 85, No. 4, 1991.
- Lucy S. Dawidowicz, FROM THAT PLACE AND TIME: A MEMOIR 1938-1937, in Perspective, V. 19, No. 2, 1990
- Richard Beeman, Stephen Botein, and Edward C. Carter II, eds., BEYOND CONFEDERATION: ORIGINS OF THE AMERICAN NATIONAL CHARACTER (feature review), in Perspective, V. 16, No. 4, 1987.
- Eva R. Rubin, THE SUPREME COURT AND THE AMERICAN FAMILY, in The Annals of the American Academy of Political and Social Science, V. 493, 1987.
- Michael Kent Curtis, NO STATE SHALL ABRIDGE: THE FOURTEENTH AMENDMENT AND THE BILL OF RIGHTS, in American Political Science Review, V. 81, No. 1, 1987.
- Wallace Mendelson, SUPREME COURT STATECRAFT: THE RULE OF LAW AND MEN, in Perspective, V.15, No. 5, 1986.
- Amos Oz, IN THE LAND OF ISRAEL, in Kesher/Connection, V. 2, No. 1, 1985.
- Michael J. Perry, THE CONSTITUTION, THE COURTS, AND HUMAN RIGHTS: AN INQUIRY INTO THE LEGITIMACY OF CONSTITUTIONAL POLICYMAKING BY THE JUDICIARY, in Perspective, V.12, No. 4, 1983.
- Bruce A. Murphy, THE BRANDEIS/FRANKFURTER CONNECTION, in Perspective, (feature review) V.11, No.6, 1982.
- Bruce M. Owen, ECONOMICS AND FREEDOM OF EXPRESSION: MEDIA STRUCTURE AND THE FIRST AMENDMENT, in Policy Analysis, V.3, No.3, 1977.
Other
- Editor, Berkshire Review (1980)
- Co-Editor, Rowman and Littlefield Series on the American Constitution
Research
Overview
Professor Jacobsohn’s current research focuses on the question of constitutional change in comparative perspective. In line with this interest, he is exploring the concept of constitutional identity, about which constitutional theorists have had relatively little to say. Professor Jacobsohn is addressing this inattention with a philosophical and comparative exploration of the idea. There are, according to the argument being developed, attributes of a constitution that allow one to identify it as such, and there is a dialogical process of identity formation that enables one to determine the specific identity of any given constitution.
Representing a mix of aspirations and commitments expressive of a nation’s past, constitutional identity also evolves in ongoing political and interpretive activities occurring in courts, legislatures, and other public and private domains. Professor Jacobsohn’s exploration of identity’s conceptual possibilities are centered in several constitutional settings - India, Ireland, Israel, and the United States – that highlight its distinctive features.
Courses
Williams College
- Introduction to American Politics
- Political Philosophy
- Constitutional Law
- American Legal Philosophy
- American Political Thought
- Criminal Justice
- American Public Policy-Making
- Constitutional Crisis
- Judicial Policy-making
- American Political Development
- The Politics of Rights
- Civil Liberties in the United States
- The First Amendment
- Comparative Constitutionalism
Winter Study Courses
- Capital Punishment
- Privacy
- The Trial Process
- The Jurisprudence of the Founding Fathers
- Lincoln and the Law
- Freedom, Authority, and Community
- Constitutionalism Without a Constitution: The Case of Israel
- Lessons From Abroad: Constitutionalism in Faraway Places
- Judicial Biography
University of Texas at Austin
- American Legal Philosophy (graduate)
- Comparative Constitutionalism (graduate)
- Constitutional Structures of Power
- The Constitution and Individual Liberties
- Constitutional Change in Comparative Perspective (graduate)