How James Comey’s Revenge Is Changing Our Constitution

The battle over who runs the federal government.

My Yale Law School colleague Bruce Ackerman has proposed a theory of constitutional change that he calls “constitutional moments.” The idea was spelled out in a series of lectures, later published in the Yale Law Journal and in Ackerman’s multi-volume history of the Constitution, We the People; it is impossible to do it justice in a sentence or two. For our purposes it will suffice to say that the essence of Ackerman’s theory is that constitutions are changed not only by the...