Explore The NRA Universe Of Websites

APPEARS IN News

Ivy League Law Professors Argue for an End to U.S. Constitutional Republic

Tuesday, September 6, 2022

Ivy League Law Professors Argue for an End to U.S. Constitutional Republic

Have you ever wondered what it is like to be educated in America’s most prestigious legal academies? If so, you’re in luck, as the New York Times published an op-ed last week co-authored by two professors from arguably the two most elite law schools in the nation. The brilliant insight they wish to share with the world beyond their ivied towers says all that needs to said about how America’s top lawyers are being “educated” these days. The article’s thesis is that America’s constitutional republic should be disbanded.

The article, “The Constitution is Broken and Should Not Be Reclaimed” was written by Ryan D. Doerfler and Samuel Moyn of the law schools at Harvard and Yale, respectively. They advocate for “pretty openly defying the Constitution to get to a more democratic order,” one that would be “insulate[d] … from judicial review.”

The American Constitution and other founding era documents provide the framework upon which our entire system of government is built. Like much of the law though, the constitution provides some very clear requirements, and some others that have required interpretation by American courts.

Thus, there remains a large area of debate about constitutional meaning that varies from jurisdiction to jurisdiction, with legislatures and inferior courts at the federal and state levels resolving most disputes and establishing the rules that apply within their spheres of authority.

This system has generally provided a peaceful, prosperous, innovative, and relatively (although not perfectly) fair environment for Americans to thrive. The results speak for themselves, as the comparatively young country of the United States is the predominant economic, military, technological, and cultural power in the world today.

Of course, fundamental constitutional debates remain, including how to interpret the Constitution’s meaning and apply it to current conditions and whether the deliberately limited and measured pace of federal government operations can keep up with the rapidly changing world.

Doerfler and Moyn, however, believe the entire system must be scrapped in favor of one that prioritizes pure majoritarian politics. They embrace this idea because they are far to the left politically; their side has recently suffered some setbacks at the Supreme Court; they admit the Constitution doesn’t necessarily embody their policy preferences; and they manifestly believe demographic trends and political dynamics favor their views.

As pure theory, contemplating different governmental arrangements may be an interesting thought experiment. Yet American lawyers – as officers of the courts and guardians of the country’s legal order – swear an oath to defend and uphold the Constitution. It’s difficult to imagine how publicly advocating how to subvert the Constitution is consistent with this oath.

It is also ironic, given the Biden Administration’s obsessive focus on combatting supposed rightwing extremism, a term that always seems to alight on ordinary Americans of limited means and influence. What, after all, could be more extreme than arguing for Congress to openly defy the Constitution and end America as we know it? The authors, moreover, are not just two random cranks on social media. They are law professors with the opportunity to instill their views in students who will go on to occupy some of the most influential legal jobs in the public and private sector.

Messy as it is, America’s constitutional system currently gives all sides the ability to participate, and when they do not prevail, the hope to regroup and work within the system to fight another day.

But, as ever, elites like Doerfler and Moyn want to rig the system so that they always win.

That didn’t work out so well for King George III, however. And as long as the American spirit prevails in organizations like the NRA that treasure and promote our founding ideals and aspirations, anti-constitutionalist like these two professors will be consigned to seethe in the pages of likeminded publications.

It is instructive, however, to know what some ambitious “reformers” would do if they could.

Thanks to the Second Amendment and the rest of the Constitution, however, they cannot. May it ever be so.

IN THIS ARTICLE
United States Constitution
TRENDING NOW
Texas: A Flurry of Anti-Gun Bills Introduced on the First Day of Prefiling

Monday, November 9, 2026

Texas: A Flurry of Anti-Gun Bills Introduced on the First Day of Prefiling

Prefiling of legislative bills for the 2027 Regular Session of the Texas State Legislature began today. On the first day alone, legislators filed roughly 35 firearm-related bills, with the vast majority aimed are infringing on ...

Arizona: Anti-Gun Lawmakers Waste No Time Taking Aim at Second Amendment Rights

Friday, November 6, 2026

Arizona: Anti-Gun Lawmakers Waste No Time Taking Aim at Second Amendment Rights

Just hours after Election Day, anti-gun lawmakers in Arizona are already signaling plans to pursue gun control in 2027, leaving law-abiding Arizonans to face the harsh reality that a consequential legislative session lies ahead.  

Trump Administration Loses Two of its Brightest Second Amendment Lights

News  

Monday, November 9, 2026

Trump Administration Loses Two of its Brightest Second Amendment Lights

Along with other difficult tidings, the last couple of weeks brought the unfortunate news that two key figures in the Trump administration’s Second Amendment Renaissance were leaving government service. 

Virginia Attorney General Jay Jones Reveals Ignorance on Basic Firearms Technology

News  

Monday, November 9, 2026

Virginia Attorney General Jay Jones Reveals Ignorance on Basic Firearms Technology

Back in 2019, David Harsanyi penned an article titled, If You’re Trying To Ban Guns, The Least You Can Do Is Learn The Basics, which focused on complaints of “gunsplaining” by gun control advocates objecting ...

The Election is Over: Now the Real Work Begins

News  

Wednesday, November 4, 2026

The Election is Over: Now the Real Work Begins

While the complete picture from the 2026 midterm elections is still emerging, the results, to say the least, were not what gun owners wanted. Anti-gun forces took control of the U.S. Senate and House of ...

U.S. House Passes Repeal of Social Security Administration Gun Grab, Begins Rolling Back Obama Era Executive Gun Control

News  

Friday, February 3, 2017

U.S. House Passes Repeal of Social Security Administration Gun Grab, Begins Rolling Back Obama Era Executive Gun Control

On Thursday, the U.S. House of Representatives issued a strong statement in support of the Second Amendment by passing H.J. Res. 40, which would repeal Barack Obama’s scandalous attempt to grab guns from thousands of vulnerable, ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

Criminals Keep Reoffending, Politicians Keep Talking Gun Control

News  

Monday, November 9, 2026

Criminals Keep Reoffending, Politicians Keep Talking Gun Control

The ballots have barely been counted from the 2026 midterm elections, and national gun control organizations are celebrating political victories while eagerly awaiting the next wave of firearm restrictions. 

Grassroots Spotlight: Building Grassroots Momentum in Eastern Pennsylvania

Take Action  

Monday, November 9, 2026

Grassroots Spotlight: Building Grassroots Momentum in Eastern Pennsylvania

Just days after the election, the NRA was hard at work in eastern Pennsylvania at Saints Logistics.

Article by NRA-ILA Litigation Director Joseph Greenlee and Professor George Mocsary Published in Yale Law Journal Forum

News  

Monday, November 2, 2026

Article by NRA-ILA Litigation Director Joseph Greenlee and Professor George Mocsary Published in Yale Law Journal Forum

A new Essay authored by NRA-ILA Litigation Director Joseph Greenlee and University of Wyoming College of Law Professor George Mocsary has been published in the Yale Law Journal Forum.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.