Tom Donnelly
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Profile
Tom Donnelly teaches and writes in the field of constitutional law. His specialties include constitutional theory, American political development, civic education, and American constitutional history. To date, his scholarship has focused on a variety of topics, including popular constitutionalism, originalism, Supreme Court legitimacy, the role of the Supreme Court nomination process in the constitutional politics of Reconstruction, and the constitutional lessons that schools have taught American high school students over time.
Professor Donnelly has served as a Climenko Fellow and Lecturer on Law at Harvard Law School, as the Chief Content Officer at the National Constitution Center, as a Lecturer in the University of Pennsylvania’s Department of Political Science, as Counsel at the Constitutional Accountability Center, and as a law clerk for the Hon. Thomas Ambro on the U.S. Court of Appeals for the Third Circuit. Donnelly is a graduate of Yale Law School, where he was a Projects Editor for The Yale Law Journal and a Coker Fellow. While at Yale, Donnelly also received the Judge William E. Miller Prize for best paper on the Bill of Rights. Tom’s academic writings have appeared in the Yale Law Journal, the Vanderbilt Law Review, the Wisconsin Law Review, the B.Y.U. Law Review, the UC Davis Law Review, the University of Pennsylvania Journal of Constitutional Law, and Constitutional Commentary, among other law journals, and he has written popular pieces for various outlets, including The Washington Post, The Atlantic, The New Republic, Politico, Slate, Washington Monthly, Talking Points Memo, CNN, The Huffington Post, The Hill, and several regional newspapers throughout the country. Before receiving his law degree, Donnelly worked as an analyst at the Mellman Group, a polling firm.Expand All-
Bar Admissions
District of Columbia
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Professional Experience
Assistant Professor of Law (2024 - present)
University of Richmond School of Law, Richmond, VAClimenko Fellow and Lecturer on Law (2023 - 2024)
Harvard Law School, Cambridge, MA, Cambridge, MAChief Content Officer (2022 - 2024)
National Constitution Center, Philadelphia, PASenior Fellow for Constitutional Studies (2016 - 2022)
National Constitution Center, Philadelphia, PACounsel (2012 - 2016)
Constitutional Accountability Center, Washington, DCClimenko Fellow and Lecturer on Law (2010 - 2012)
Harvard Law School, Cambridge, MALaw Clerk (2009 - 2010)
Hon. Thomas L. Ambro, United States Court of Appeals for the Third CircuitSupreme Court Advocacy Clinic (2008 - 2009)
Yale Law School, New Haven, CTSummer Associate (2008 - 2008)
Levine Sullivan Koch & SchulzSummer Associate (2008 - 2008)
Sullivan & CromwellStudent Director (2007 - 2008)
Jerome N. Frank Legal Services Organization, New Haven, CTSummer Associate (2007 - 2007)
Patton Boggs, Washington, DCDirector of Marketing and Deputy to the Senior Vice President (2005 - 2006)
The Mellman Group, Washington, DCAnalyst (2003 - 2005)
The Mellman Group, Washington, DC
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Bar Admissions
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Publications
Journal Articles
Popular Originalism, 49 BYU Law Review (2025).
Popular Constitutionalism Inside the Courts: The Search for Popular Meaning, 57 UC Davis Law Review 2465 (2024).
The Roberts Court Revolution, Institutional Legitimacy, and the Promise (and Peril) of Constitutional Statesmanship, 26 University of Pennsylvania Journal of Constitutional Law 585 (2024).
Supreme Court Legitimacy: A Turn to Constitutional Practice, 47 BYU Law Review 1487 (2022).
Popular Constitutional Argument, 73 Vanderbilt Law Review 73 (2020).
The Popular Constitutional Canon, 27 William & Mary Bill of Rights Journal 911 (2019).
Judicial Popular Constitutionalism, 30 Constitutional Commentary 541 (2015).
Making Popular Constitutionalism Work, 2012 Wisconsin Law Review 159 (2012).
A Popular Approach to Popular Constitutionalism: The First Amendment, Civic Education, and Constitutional Change, 28 Quinnipiac Law Review 321 (2010).
Our Forgotten Founders: Reconstruction, Public Education, and Constitutional Heroism , 58 Cleveland State Law Review 115 (2010).
Popular Constitutionalism, Civic Education, and the Stories We Tell Our Children, 118 Yale Law Journal 948 (2009).
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In the News
Political Polarization Killed the Filibuster (with Jeffrey Rosen) (The Atlantic Online)
Sat., Apr. 8, 2017None to the Right of Samuel Alito (with Brianne Gorod) (The Atlantic Online)
Sat., Jan. 30, 2016Should Hillary Clinton Take a Mulligan on Lincoln and Reconstruction? (Huffington Post)
Tue., Jan. 26, 2016Happy Birthday, John Bingham: One of America’s Forgotten “Second Founders (Constitution Daily)
Thu., Jan. 21, 2016America’s Unfinished Second Founding (with Jeffrey Rosen) (The Atlantic Online)
Mon., Oct. 19, 2015Money in Politics in California: Let the Voters Have Their Say (Huffington Post)
Mon., Oct. 5, 2015The 13th Amendment Turns 150 (Constitution Daily)
Fri., Sep. 18, 2015The GOP’s Birthright Citizenship Flip-Flop (Politico)
Sun., Aug. 23, 2015A Tale of Two Johnsons (and What It Means for Voting Rights) (Washington Monthly Online)
Thu., Aug. 20, 2015How One of the Most Important Edits in U.S. History Paved the Way for Marriage Equality (Slate)
Thu., Apr. 23, 20154 Reasons Why the Supreme Court’s Mercury Case Is Worth Watching (Grist)
Mon., Mar. 23, 2015Celebrating Our Nation’s Second Founding (with Doug Kendall) (Constitution Daily)
Tue., Feb. 10, 2015Fixing the Founders’ Flaws (with Doug Kendall) (Detroit Free Press)
Wed., Sep. 17, 2014It May Already Be Too Late To Confirm a Replacement for Ruth Bader Ginsburg (with Simon Lazarus) (The New Republic Online)
Thu., May. 8, 2014Can Liberals Trust John Roberts To Rescue Obamacare Again? (The New Republic Online)
Mon., Mar. 24, 2014Rhode Island Has Special Reason To Watch Clean-Air Case (Providence Journal)
Tue., Dec. 10, 2013Time Is Right for Cameras in U.S. Supreme Court Courtroom (The Oklahoman)
Fri., Nov. 1, 2013The Vote That Will Change America (with Doug Kendall) (Huffington Post)
Sun., Nov. 17, 2013SCOTUS Term Shapes Up To Be a Battle Over Constitutional Originalism (with Doug Kendall) (Talking Points Memo)
Mon., Oct. 7, 2013Scalia v. Roberts: The Conservative Justices Faced Off Over Obamacare—Now They’re Dueling Again (with Doug Kendall) (Slate)
Fri., May. 24, 2013Justices, Let Cameras Into the Court (with Doug Kendall) (CNN.com)
Fri., Mar. 22, 2013Too Rich To Lose Money? AIG, the Takings Clause, and the Roberts Court (with Doug Kendall) (Huffington Post)
Mon., Jan. 14, 2013Lincoln, the Supreme Court, and the Reconstruction Revolution (with Doug Kendall) (McClatchy-Tribune News Service)
Thu., Jan. 10, 2013Remembering Our Forgotten Founders (Macon City Telegraph)
Thu., Dec. 6, 2012The Speech President Obama Should Give To America (The Hill)
Wed., Mar. 21, 2012The “People’s Veto”: A Way To Keep the Courts in Check (Washington Post)
Thu., Dec. 29, 2011 - Links