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20 Aug 2009, 3:59 am
This would be a constitutional change of some significance.Routing around the filibuster might not be a "constitutional moment" in Bruce Ackerman's sense, because one might argue that the Democrats have not yet won a succession of strong majorities in Congress as they did during the New Deal, representing overwhelming popular support for change. [read post]
29 Dec 2011, 3:00 am
. *** As emphasized by Lawrence Lessig in Republic, Lost (presaged somewhat in Ayres’ book with Bruce Ackerman, Voting With Dollars), the bulk of campaign finance dollars comes disproportionately from not just the 1% club, but the richest one-half of one-percenters. [read post]
4 Jul 2023, 6:30 am
Loughlin recognizes the centrality of Reconstruction to American constitutionalism (see his discussion of Bruce Ackerman’s work (p. 146–47)). [read post]
3 Aug 2024, 6:30 am
In her outstanding new book, The Interbellum Constitution, LaCroix demolishes the notion that the 1815-1861 period was, in Bruce Ackerman’s words (as quoted by LaCroix), “a period of ‘normal politics’” that lacked the “great ideological struggles between competing parties” necessary to produce constitutional ferment. [read post]
17 Jul 2020, 9:46 am
This is of course common ground with respect to important works of constitutional theory that, like Baude and Sachs, highlight the issue of constitutional change and (unlike Baude and Sachs) the role of political and social movements – for example, Bruce Ackerman’s influential We The People series and Balkin’s Living Originalism.This avoidance of reasonable disagreement over the meaning of the Constitution leads to Baude and Sachs having a hard time with… [read post]
6 May 2013, 11:28 am
Bruce Ackerman and Eugene R. [read post]
20 Apr 2020, 6:30 am
Methods of amendment drew a bit of attention, but they scarcely took pride of place.An additional reason, though, particularly in the United States, is that some of those most interested in amendment as a concept adopted decidedly informal notions of the term, as with Bruce Ackerman’s deservedly influential corpus (which has much influenced me). [read post]
18 Jun 2013, 4:03 pm
Bruce Ackerman has a famous, brilliant argument that in fact we need to acknowledge non-Article V change if we hope to understand either the Founding or Reconstruction. [read post]
7 Nov 2010, 10:20 am
Unfortunately, I missed the hottest ticket of the conference, Bruce Ackerman’s commentary on Law/Versteeg’s The Evolution and Ideology of Global Constitutionalism. [read post]
17 Feb 2009, 11:05 pm
In fact, a better analogy, as my colleague Bruce Ackerman has suggested, is the French Conseil Constitutionnel, which declares whether pending legislation is in conformity with the French Constitution.What's Ackerman's point? [read post]
7 Nov 2022, 9:04 pm
In 2004, for example, Bruce Ackerman celebrated the APA as “the most notable framework statute of the twentieth century. [read post]
12 Jan 2023, 4:00 am
Bruce Ackerman and Richard Stewart favored market-based approaches and avoidance of inefficient uniform standards, while Howard Latin defended traditional regulatory approaches that included setting industry-wide standards. [read post]
2 Dec 2023, 7:25 pm
[Oral Argument in Moore v. [read post]
24 Sep 2010, 7:09 am
Thus Bruce Ackerman has a powerful column in yesterday's Wall Street Journal condemning the process by which Elizabeth Warren has been named to preside over the creation of the new consumer protection agency. [read post]
14 Aug 2015, 11:24 am
Bruce Riedel announced that al Qaeda’s leader, Ayman al Z [read post]
9 Jun 2022, 6:30 am
We have become Court-centric, “lost our ability to write,” in Bruce Ackerman’s phrasing. [read post]
30 Sep 2017, 11:13 am
Popular constitutionalists like Bruce Ackerman, Bill Eskridge, and John Ferejohn argue that constitutional moments are not complete until the new order becomes so entrenched that continued resistance becomes politically suicidal. [read post]
24 Jun 2016, 8:28 am
Even those who see no hope in this regard – for example, those who dismiss Bruce Ackerman’s suit asking a judge to rule the war on ISIS unconstitutional or at least a violation of the War Powers Revolution as likeliest to strengthen the executive’s hand —should consider the deeper syndrome Danner is anxious about. [read post]
22 Sep 2020, 6:30 am
His readings of Herbert Weschler, Alexander Bickel & John Hart Ely, Justice Frankfurter, the varieties of originalism in its numerous iterations, John Roberts, Bruce Ackerman, Randy Barnett, and more, compellingly situates them in terms of this set of dynamic orbiting developmental trajectories. [read post]
24 Aug 2016, 12:20 pm
ICYMI: Yesterday, on Lawfare Bruce Ackerman flagged the latest brief filed by U.S. [read post]