Law Professors Face Scrutiny Over Role in Constitutional Crises
Legal academia is debating whether law professors should advise or intervene in constitutional crises.
Why it matters: How law professors engage during constitutional emergencies shapes legal interpretations and public discourse. Their involvement can influence institutional roles and affect the evolution of constitutional law in tumultuous times.
- A May 2026 Above the Law article questioned the value of law professors intervening in constitutional crises.
- Harvard Law School's 2025 panel highlighted disagreements on whether the U.S. is experiencing a constitutional crisis.
- Stanford Law's 2025 event showcased scholarly debate on originalism and historical interpretation in constitutional law.
- Leading scholars, including Jeannie Suk Gersen and Michael Paulsen, publicly expressed sharply differing views.
The role of law professors in shaping the national conversation during constitutional upheaval is under renewed scrutiny. A May 2026 Above the Law article questioned whether legal scholars should advise or intervene during moments of constitutional uncertainty, arguing that such involvement could complicate crises rather than clarify them.
This debate has been actively reflected in recent academic events. At a February 2025 Harvard Law School panel, faculty considered if the U.S. is in fact facing a constitutional crisis. Professor Jeannie Suk Gersen noted a cultural shift, observing, "We seem as a culture to have lost our ability to talk about our disagreements with outrageous presidential policies and our strong feelings of judgment about their immorality without channeling it into the language of illegality, unlawfulness, unconstitutionality, and then at the extreme, 'constitutional crisis.'"
Meanwhile, a Stanford Law School event that same month spotlighted the methodological divides among legal scholars. Jonathan Gienapp of Stanford critiqued originalism for lacking historical rigor: "Too often, originalists fail to take seriously the history they have pledged to follow." In contrast, Professor Michael Paulsen of the University of St. Thomas advocated for robust presidential powers, emphasizing a "strong Hamiltonian conception of the constitutional powers of the presidency."
These ongoing disputes illustrate how the role of law professors in real-time crises is both influential and deeply contested within the academy and beyond.
By the numbers:
- May 20, 2026 — Publication date of Above the Law commentary
- February 2025 — Harvard and Stanford hosted major academic debates on constitutional law