Jonathan Gienapp
Professor of History and of Law
Bio
Jonathan Gienapp is Professor of History and Associate Professor of Law. He specializes in the constitutional, political, legal, and intellectual history of the early United States. His primary focus to date has been the origins and development of the U.S. Constitution, in particular the ways in which Founding-era Americans understood and debated constitutionalism across the nation's early decades. His historical interests intersect with modern legal debates over constitutional interpretation and theory, especially those centered on the theory of constitutional originalism.
His first book, *The Second Creation: Fixing the American Constitution in the Founding Era* (Harvard University Press, Belknap, 2018), rethinks the conventional story of American constitutional creation by exploring how and why founding-era Americans’ understanding of their Constitution transformed in the earliest years of the document’s existence. It won the 2017 Thomas J. Wilson Memorial Prize from Harvard University Press and the 2019 Best Book in American Political Thought Award from the American Political Science Association and was a finalist for the 2019 Frederick Jackson Turner Award from the Organization of American Historians. In addition, it was named a Choice Outstanding Academic Title for 2019 and a Spectator USA Book of the Year for 2018.
His second book, *Against Constitutional Originalism: A Historical Critique* (Yale University Press, 2024), critiques originalism's engagement with history. It argues that recovering Founding-era constitutionalism on its own terms fundamentally challenges originalists' unspoken assumptions about the U.S. Constitution and its original meaning and thereby the foundation of the theory itself. He wrote about the book's themes in connection with the current Supreme Court. The book won the 2025 Order of the Coif Book Award from the Association of American Law Schools, was longlisted for the 2025 Cundill History Prize, and was named a History Today Book of the Year for 2024. It has been reviewed in several high-profile venues, including The Washington Post and The Nation.
Gienapp's next book is on the forgotten history of the Preamble to the U.S. Constitution, currently entitled "We the People of the United States: The Struggle over Popular Sovereignty and Nationhood." It tells the story of the Preamble's early vitality and eventual descent into political and legal irrelevance as a way of exploring the broader struggle over popular sovereignty and national union in the early United States. It probes the often entwined debates over popular rule, sovereignty, federalism, and constitutionalism in the nation's earliest years to understand the full meanings of the Constitution's opening words: "We the People of the United States."
Gienapp has also published a range of articles, book chapters, and essays on early American constitutionalism, politics, and intellectual history, modern constitutional interpretation, and the study of the history of ideas.
He is a member of the Historians Council on the Constitution at the Brennan Center for Justice and has contributed to a number of amicus briefs to the Supreme Court of the United States. He is one of the founding editors of the Journal of American Constitutional History where he serves as a senior editorial advisor. He is also a member of the Stanford Civics Initiative and a charter member of the Alliance for Civics in the Academy.
In addition to his scholarship, Gienapp has been widely recognized for his teaching. At Stanford, he has been awarded the Walter J. Gores Award for Excellence in Teaching (the university's highest teaching award), the Phi Beta Kappa Teaching Prize, and the Dean’s Award for Distinguished Teaching in the School of Humanities and Sciences in the area of First Years of Teaching. Beyond Stanford, he has been awarded the Excellence in Teaching Award from the Phi Beta Kappa Northern California Association.
Program Affiliations
-
American Studies
2026-27 Courses
- American Constitutional History
HISTORY 157, HISTORY 57 (Spr) - Colonial and Revolutionary America
AMSTUD 150A (Aut) - Colonial and Revolutionary America
CIVIC 50A (Aut) - Colonial and Revolutionary America
HISTORY 150A (Aut) - Colonial and Revolutionary America
HISTORY 50A (Aut) - Colonial and Revolutionary America
NATIVEAM 150A (Aut) - Colonial and Revolutionary America
NATIVEAM 50A (Aut) - Originalism and the American Constitution
AMSTUD 252, HISTORY 252, HISTORY 352 (Win) - Topics in US History: Readings in American Legal History
HISTORY 361B (Aut) -
Independent Studies (5)
- Curricular Practical Training
HISTORY 299F (Aut, Win, Spr) - Directed Engagement
HISTORY 399Y (Aut, Win, Spr) - Graduate Directed Reading
HISTORY 399W (Aut, Win, Spr) - Graduate Research
HISTORY 499X (Aut, Win, Spr) - Undergraduate Directed Research and Writing
HISTORY 299S (Aut, Win, Spr)
- Curricular Practical Training
-
Prior Year Courses
2025-26 Courses
- America at 250
AMSTUD 25, HISTORY 25, HISTORY 250 (Spr) - America at 250
LAW 7157 (Spr) - American Constitutional History
AMSTUD 157A, AMSTUD 57A, HISTORY 157, HISTORY 57 (Aut) - Core in American History, Part I
HISTORY 351A (Aut) - Doing Legal History
HISTORY 200A (Win) - Originalism and the American Constitution: History and Interpretation
AMSTUD 252, HISTORY 252, HISTORY 352 (Win) - Originalism and the American Constitution: History and Interpretation
LAW 7089 (Win)
2024-25 Courses
- Colonial and Revolutionary America
AMSTUD 150A, HISTORY 150A (Aut) - Colonial and Revolutionary America
HISTORY 50A (Aut) - Originalism and the American Constitution: History and Interpretation
AMSTUD 252, HISTORY 252, HISTORY 352 (Aut) - Originalism and the American Constitution: History and Interpretation
LAW 7089 (Aut) - The Worlds of Thomas Jefferson
AMSTUD 61N, HISTORY 61N (Win) - Thinking the American Revolution
AMSTUD 253F, HISTORY 253F, HISTORY 353F (Win) - Thinking the American Revolution
LAW 3525 (Win)
2023-24 Courses
- Core in American History, Part I
HISTORY 351A (Aut) - Doing Legal History
HISTORY 200A (Win) - Originalism and the American Constitution: History and Interpretation
HISTORY 252, HISTORY 352 (Aut) - Originalism and the American Constitution: History and Interpretation
LAW 7089 (Aut) - The Rise of American Democracy
HISTORY 254E, HISTORY 354E (Win)
- America at 250
Stanford Advisees
-
Doctoral Dissertation Reader (AC)
Courtney MacPhee, Olavo Passos de Souza, Aaron Spikol -
Orals Evaluator
Marina Cassio, Jennifer Depew, Aliyah Dunn-Salahuddin, Olavo Passos de Souza, Jordan Virtue, Magdalene Zier -
Doctoral (Program)
Jennifer Depew, Nathaniel Hay, Baird Johnson
All Publications
-
Drawing Lines: John Dickinson's Gambit and the Ambiguities of Federal Union
WILLIAM AND MARY QUARTERLY
2026; 83 (3): 499-512
View details for DOI 10.1353/wmq.2026.a996596
View details for Web of Science ID 001845500900006
-
"The narrow Path between British & American Passions": The Dickinson-Barclay Documents and the Last Attempts to Prevent American Independence: Introduction
WILLIAM AND MARY QUARTERLY
2026; 83 (3): 393-438
View details for DOI 10.1353/wmq.2026.a996591
View details for Web of Science ID 001845500900001
-
Constitutionalism, Then and Now: Response to McConnell, Stoner, TerBeek, and Thomas
AMERICAN POLITICAL THOUGHT
2025; 14 (4): 607-625
View details for DOI 10.1086/738051
View details for Web of Science ID 001603632500011
-
HISTORY, LAW, AND CONSTITUTIONAL RUPTURE
BOSTON UNIVERSITY LAW REVIEW
2024; 104 (5): 1349-1380
View details for Web of Science ID 001365268700005
-
Removal and the Changing Debate over Executive Power at the Founding
AMERICAN JOURNAL OF LEGAL HISTORY
2024; 63 (3): 229-250
View details for DOI 10.1093/ajlh/njad006
View details for Web of Science ID 001156445100001
-
THE FEDERALIST CONSTITUTION FOREWORD
FORDHAM LAW REVIEW
2021; 89 (5): 1669-1675
View details for Web of Science ID 000641586900001
-
IN SEARCH OF NATIONHOOD AT THE FOUNDING
FORDHAM LAW REVIEW
2021; 89 (5): 1783-1813
View details for Web of Science ID 000641586900005
-
National Power and the Presidency Rival Forms of Federalist Constitutionalism at the Founding
edited by Lowe, B.
UNIV PRESS FLORIDA. 2021: 127-164
View details for Web of Science ID 000664147100006
- Democratic Culture and Democratic Shocks: The Limits of Constitutional Cycles Missouri Law Review 2021; 86: 501-516
-
Written Constitutionalism, Past and Present
Law and History Review
2021; 39 (2): 321-360
View details for DOI 10.1017/S0738248020000528
-
Beyond Republicanism, Back to Constitutionalism: The Creation of the American Republic at Fifty
NEW ENGLAND QUARTERLY-A HISTORICAL REVIEW OF NEW ENGLAND LIFE AND LETTERS
2020; 93 (2): 275–308
View details for DOI 10.1162/tneq_a_00822
View details for Web of Science ID 000541961300014
- The Myth of the Constitutional Given: Enumeration and National Power at the Founding American University Law Review Forum 2020; 69: 183-211
- The Foreign Founding: Rights, Fixity, and the Original Constitution Texas Law Review Online 2019; 97: 115-137
- The Second Creation: Fixing the American Constitution in the Founding Era Harvard University Press. 2018
- How to Maintain a Constitution: The Virginia and Kentucky Resolutions and James Madison’s Struggle with the Problem of Constitutional Maintenance Nullification and Secession in Modern Constitutional Thought University Press of Kansas. 2016: 53-90
-
HISTORICISM AND HOLISM: FAILURES OF ORIGINALIST TRANSLATION
FORDHAM LAW REVIEW
2015; 84 (3): 935-956
View details for Web of Science ID 000367180700003
-
Making Constitutional Meaning The Removal Debate and the Birth of Constitutional Essentialism
JOURNAL OF THE EARLY REPUBLIC
2015; 35 (3): 375-418
View details for DOI 10.1353/jer.2015.0054
View details for Web of Science ID 000362321400002
- Using Beard to Overcome Beardianism: Charles Beard’s Forgotten Historicism and the Ideas-Interest Dichotomy Constitutional Commentary 2014; 29: 367-381