Professor Akhil Amar (Yale Law School) and Professor Lawrence Lessig (Harvard Law School) have both written on the scope of the Constitution’s office-language. Indeed, their individual views on the scope of the Constitution’s office-language are central to (some of) the leading theories they have each popularized.
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Amar and Lessig cannot both be correct. At most: only one can be correct. We, the public, deserve a full, meaningful debate: not a cult—or, even, two well-placed elite academic cults—whose chief sacraments are omerta and humbug.
Will anyone—particularly those on the Left—step forward? Or will the many who have supported both Professor Amar’s and Professor Lessig’s views in this matter continue to support both, notwithstanding that these two views contradict one another?