Ijust posted this paper , written for the Ohio State Law Journal’s symposium on my book , “Aligning Election Law.” The paper explores how the principle of alignment — congruence between governmental outputs and popular preferences — could be incorporated into mainstream constitutional law. Here’s the abstract. I’ll also be giving the Constitution Day Lecture at Drake University today based on the paper.

At present, American constitutional law gives short shrift to the democratic value of alignment (congruence between governmental outputs and popular preferences). But it doesn’t have to be this way. In this symposium contribution, I outline three ways in which constitutional law could incorporate alignment. First, alignment resembles federalism in that it’s a principle implied by the

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