Jonathan Gienapp

Bio

Jonathan Gienapp is Associate 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 investigates how early political debates over the Constitution’s meaning altered how Americans imagined the Constitution and its possibilities, showing how these changes created a distinct kind of constitutional culture, the consequences of which endure to this day. 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 8Spectator USA8 Book of the Year for 2018.

His second book, 8Against Constitutional Originalism: A Historical Critique* (Yale University Press, 2024), mounts a comprehensive historical critique of originalism. 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.

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 historians' amicus briefs to the Supreme Court of the United States. He is also one of the founding editors of the Journal of American Constitutional History where he serves as a senior editorial advisor.

Academic Appointments

• Associate Professor, History
• Associate Professor, Stanford Law School

Program Affiliations

• American Studies