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Mark Aaron Graber

Regents Professor of Law, University of Maryland-Baltimore

About Mark

Graber's research focuses on American constitutional development and constitutional decline. Overarching themes in Graber's work include the importance of constitutional structures as opposed to constitutional rights and the importance of political movements for constitutional change. Graber was an expert witness in the disqualifying trial of Cuoy Griffin and contributed amicus briefs in the effort to disqualify Donald Trump.

Contributions

In the News

Opinion: "Of Course Presidents are Officers of the United States," Mark Aaron Graber, The Atlantic, February 15, 2024.
Opinion: "Donald Trump and the Jefferson Davis Problem," Mark Aaron Graber, The New York Times, November 29, 2023.

Publications

The Cambridge Companion to the Declaration of Independence (edited with Michael Zuckert). (Cambridge University Press, forthcoming).

Offers a wide-ranging and accessible anthology of essays for understanding the Declaration's intellectual and social context, connection to the American Revolution, and influence in the United States and throughout the world.

Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War (University Press of Kansas, 2023).

Argues that the Fourteenth Amendment was originally intended to punish former Confederates and reward loyal Unionists rather than to protect civil rights. Demonstrates how Republicans in the Thirty-Ninth Congress aimed to reshape postwar politics through loyalty and legislative power, not through Section 1's rights guarantees.

Constitutional Democracy in Crisis? (edited with Sanford Levinson and Mark Tushnet). (Oxford University Press, 2019).

Explores whether the challenges facing constitutional democracies today reflect a true global crisis or are part of democracy's natural fluctuations. Offers historical context, current analysis, and insights into the causes and nature of today’s democratic struggles, serving as a guide for understanding the state of constitutional democracy in the early 21st century.

A New Introduction to American Constitutionalism (Oxford University Press, 2013).

Offers a comprehensive, interdisciplinary exploration of how the U.S. Constitution functions in practice—not just through court decisions but as a framework for political life. Argues that American constitutionalism shapes politics more than it constrains it, and addresses core questions about constitutional purpose, interpretation, authority, and change.

Dred Scott and the Problem of Constitutional Evil (Cambridge University Press, 2012).

Examines the moral dilemma of upholding a Constitution that included compromises with slavery. Argues that the U.S. Constitution was designed to mediate deep value conflicts, not define justice, and that it tolerated injustice to maintain union.