Harvard Law Review Harvard Law Review Harvard Law Review

Harvard Law Review Forum

Lost Inside the Beltway

Responding to Trevor W. Morrison, Constitutional Alarmism, 124 Harv. L. Rev. 1688 (2011)

In a recent book review of The Decline and Fall of the American Republic, Professor Trevor Morrison challenged the book’s critique of the Office of Legal Counsel and the White House Counsel, arguing that both these institutions are fundamentally sound. Professor Ackerman rejoins the debate to argue that Morrison’s analysis fails to undermine the basic case for far-reaching reform. He suggests that, so long as existing institutions remain in place, future generations confront the serious danger that recent legal pathologies will repeat themselves.