Cambridge, MA – Harvard Law School has announced the formation of a new Program on Constitutional Government, aimed at fostering intellectual diversity and exploring the foundational principles of American constitutionalism. The initiative comes amidst ongoing academic debates within legal scholarship, drawing commentary from prominent figures like New York Times columnist Ross Douthat. Douthat recently tweeted, > "Can't believe Harvard is considering founding an entire academic institute just to troll @Vermeullarmine," linking to an article discussing the new program.
The newly established program is designed to provide a forum for rigorous intellectual engagement on constitutional theory and practice. Its stated mission emphasizes a commitment to a wide range of perspectives on the Constitution's text, history, and structure, seeking to deepen understanding of fundamental legal principles. While specific leadership details were not immediately available in all announcements, Professor Jack Goldsmith has been associated with the initiative, indicating a focus on robust academic discourse.
Ross Douthat's provocative tweet references Adrian Vermeule, a distinguished professor at Harvard Law School known for his advocacy of "common good constitutionalism." This legal theory suggests that constitutional interpretation should prioritize the common good as understood through natural law and traditional morality, a view that has sparked considerable discussion and disagreement within legal academia. Vermeule's arguments often challenge prevailing liberal interpretations of constitutional law.
The perceived tension between the new program and Vermeule's scholarship highlights broader ideological currents within legal education and public discourse. While Douthat's "troll" characterization is an informal interpretation, it underscores a narrative that views the program as a counter-balance to specific legal philosophies gaining traction. Harvard Law School, however, frames the program as an essential step towards enriching intellectual exchange and ensuring a robust marketplace of ideas.
The establishment of such a program reflects a growing recognition of the need for structured platforms to address complex and often polarizing legal questions. By focusing on foundational principles and intellectual diversity, the Program on Constitutional Government aims to contribute to a more nuanced understanding of constitutional law. Its launch signifies Harvard Law School's continued engagement with the evolving landscape of legal thought and its commitment to fostering comprehensive academic debate.