The Enduring Crisis in Teaching Constitutional Law

Abstract

Constitutional law is in crisis. The 6-3 conservative majority of the Supreme Court has generally produced the desired results of the current Republican Party. This has led to calls of illegitimacy, activism, and partisanship from left liberal and progressive scholars and politicians. In 2024, Jesse Wegman published an opinion essay in the New York Times documenting these criticisms from progressive law professors. In this essay, I argue that there is not much unique about the current crisis. Rather, the political nature of cases is a result of "juristocracy," which knows no party. In light of this, I provide important context and argue for more principled views on the current Supreme Court on the part of liberals and progressives. Finally, I propose several suggestions for progressives who teach constitutional law while strongly disagreeing with the results. 

Keywords: constitutional law, teaching, juristocracy, constitution, supreme court, originalism, constitutional interpretation