Search for: "Bruce Ackerman"
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27 May 2011, 6:25 pm
Ranging from particular enthusiasts of "non-originalism," to Ronald Dworkin' s metaphoric likening of the Supreme Court to "Hercules," to Bruce Ackerman's special notion of "non-textual amendments" (i.e., constitutional changes resulting during special "constitutional moments"), and nearly a dozen theories in all, each "theory" advances its own idea of a "living" constitution. [read post]
17 Dec 2007, 10:07 am
(Bruce Ackerman outlined the problem about a decade ago.)But, whatever we end up thinking about the constitutionality of a consumption tax, Chafetz's throwaway line certainly doesn't advance the ball. [read post]
21 Feb 2009, 7:28 am
I argue that a theory of constitutional change that focuses on how the Constitution is implemented through institutions over time amid the tensions between the "written" and the "unwritten," the "legal" and the "political," offers a better approach to understanding the Bush presidency than the major alternative theories offered by Karl Llewellyn, Bruce Ackerman, Jack Balkin and Sanford Levinson, and Keith Whittington. [read post]
18 Feb 2009, 3:46 pm
I argue that a theory of constitutional change that focuses on how the Constitution is implemented through institutions over time amid the tensions between the "written" and the "unwritten," the "legal" and the "political," offers a better approach to understanding the Bush presidency than the major alternative theories offered by Karl Llewellyn, Bruce Ackerman, Jack Balkin and Sanford Levinson, and Keith Whittington. [read post]
10 Sep 2007, 6:46 am
Bruce Ackerman has written on this alarming view of military control apparently endorsed by the news pages of the New York Times. [read post]
1 Feb 2022, 9:19 pm
In Politico, Bruce Ackerman and Gerard Magliocca wrote: Section 3 of the 14th Amendment — the Disqualification Clause — expressly bars any person from holding "any office, civil or military, under the United States" if he "engaged in insurrection" against the Constitution after previously swearing to uphold it "as an officer of the United States. [read post]
5 Oct 2009, 5:54 pm
Big-name liberal constitutional law scholars range from originalists like Akhil Amar, to Bruce Ackerman’s “constitutional moment” approach, to “living Constitution” theories of various types (e.g. [read post]
6 Jan 2012, 5:07 am
UPDATE: Here is some additional commentary from Bruce Ackerman, Lawrence Tribe, and Adam White. [read post]
25 Jan 2008, 6:29 pm
Americans should be aware that, as Bruce Ackerman puts it, "[t]his isn't the way we do things in the United States. [read post]
12 Aug 2007, 1:51 pm
Now I'm a legal practitioner, not an academic or scholar, but I actually have a Sunstein number: Sunstein 4, through the chain Sunstein - John Yoo or Bruce Ackerman [either one works -- and John Yoo is a very odd person to be in my Sunstein chain!] [read post]
1 Feb 2013, 5:21 am
At the Huffington Post, Bruce Ackerman asks whether the Court is “about to declare war on the twentieth century,” considering this question in light of the Court’s decision last June in the Affordable Care Act case, this Term’s Shelby County v. [read post]
16 Aug 2012, 11:26 am
Our brief, filed on behalf of CAC and six of the nation’s most prominent constitutional scholars – Bruce Ackerman, Vikram Amar, Jack Balkin, Burt Neuborne, James Ryan, and Adam Winkler – demonstrates that the text and history of the Fourteenth Amendment permit government to take race into account in certain circumstances in order to ensure equality of opportunity for all persons regardless of race. [read post]
20 Sep 2022, 6:30 am
[11] See Bruce Ackerman, The Emergency Constitution, 113(5) Yale L. [read post]
6 Nov 2013, 3:17 pm
Just consider these titles: Bruce Ackerman,The Failure of the Founding Fathers, not to mention The Decline and Fall of the American Republic; Ronald Dworkin, Is Democracy Possible Here? [read post]
31 Jan 2010, 4:29 pm
This third approach is strongly associated with the work of Bruce Ackerman—perhaps the most influential constitutional theorist since Alexander Bickel. [read post]
9 Sep 2012, 1:42 pm
This third approach is strongly associated with the work of Bruce Ackerman—perhaps the most infl [read post]
22 May 2011, 2:36 pm
This third approach is strongly associated with the work of Bruce Ackerman—perhaps the most influential constitutional theorist since Alex [read post]
15 Jun 2025, 2:48 am
This third approach is strongly associated with the work of Bruce Ackerman—perhaps the most influential constitutional theorist since Alexander Bickel. [read post]
12 Feb 2009, 2:02 pm
It featured several noteworthy departures from the status quo, yet without the markers made familiar by theories such as Bruce Ackerman's. [read post]
4 Feb 2024, 5:57 pm
Anderson: Marty Lederman’s Fundamental Mistake of Law Bruce Ackerman I have learned a lot from Marty Lederman over the years, so I was surprised to find that Part 1 of his “User’s Guide to Trump v. [read post]
