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12 Feb 2025, 7:37 am
I wondered if anyone was deploying this term, and I found a NYT column — also published on  February 10th — "Welcome to America’s Fourth Great Constitutional Rupture" by Noah Millman (NYT)(free-access link):As the legal scholar Bruce Ackerman delineated in his classic trilogy on popular constitutionalism, “We the People,” previous moments of radical transformation often violated the rules that governed normal politics.... [read post]
17 Jan 2025, 7:32 am by qbaron
Aziz Huq, Alison LaCroix Write About Institutional Checks on Trump qbaron Fri, 01/17/2025 - 09:32 Read more about Aziz Huq, Alison LaCroix Write About Institutional Checks on Trump Project Syndicate Daron Acemoglu Bruce Ackerman Aziz Huq Alison L. [read post]
14 Aug 2024, 12:30 pm by Guest Blogger
Though their study covers the whole of U.S. history, as only APD scholars and some allied law professors like Bruce Ackerman and Aziz Rana are prone to do, their core findings can be briefly stated. [read post]
8 Aug 2024, 6:30 am by JB
Supreme CourtApril 18, 2022Balkinization Symposium on Richard Hasen, Cheap Speech: How Disinformation Poisons Our Politics-and How to Cure It (Yale University Press, 2022).March 31, 2022Balkinization Symposium on Dan Carpenter, Democracy by Petition: Popular Politics in Transformation, 1790–1870 (Harvard University Press, 2021).March 20, 2022Balkinization Symposium on Mark Tushnet and Bojan Bugaric's new book Power to the People:… [read post]
3 Aug 2024, 6:30 am by Guest Blogger
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]
21 Jun 2024, 8:00 am by Paul Caron
Balkinization, Justice Thomas Denounces Wealth Taxation — At the Cost of Transforming “Originalism” into a Parody of Itself Bruce Ackerman (Yale), My Initial Reactions to Justice Thomas' Sweeping Denunciation of Wealth Taxation Joseph Fishkin (UCLA), Less Is Moore Bloomberg, A Covid Lifeline for Businesses Has Become Curse for the IRS... [read post]
20 Jun 2024, 12:31 pm by Joseph Fishkin
 As Bruce Ackerman, Willy Forbath, and I argued in a brief in this case, Pollock was wrong the day it was decided, and the Sixteenth Amendment completely repudiated its wrong logic. [read post]
2 Jun 2024, 6:17 am by Lawrence Solum
 Consider the following example, which presents a very simplified and somewhat altered version of a narrative account of the New Deal associated with Bruce Ackerman: Suppose that the transformation of constitutional law during the New Deal was an act by "We the People" that rejected formalist doctrines that hobbled the development of a national administrative state and empowered the President to make transformative appointments to the Supreme Court. [read post]
13 Apr 2024, 6:15 am by Lawrence Solum
And from the reviews: “Bruce Ackerman is one of the brilliant political philosophers of our time. [read post]
29 Feb 2024, 7:15 pm by Barbara Moreno
Bruce Ackerman, The Decline and Fall of the American Republic (2010). 72. [read post]
12 Feb 2024, 6:46 am by Guest Blogger
Bruce Ackerman had written that the conservatives faced “a huge test,” with their integrity on the line if they didn’t follow liberal views of what “fidelity” to the Constitution requires. [read post]
9 Feb 2024, 4:11 am by Marty Lederman
Supreme Court Might Resolve the Case Even Though Its Decision Probably Won’t Affect the Colorado Presidential Primary Election BallotPart Two: The Three Possible, but Less-than-Ideal, Dispositions of the CasePart Three:  Two Important Things All the Parties Get Wrong, and One Other Important Thing They Don’t AddressBruce Ackerman Misunderstands My Point About What Colorado is Doing and May Do [UPDATED to respond to Bruce's follow-up post]Part Four:… [read post]
7 Feb 2024, 4:30 am by Michael C. Dorf
That question in turn raises sub-questions, as discussed thoughtfully along with discussion of many of the other issues by Professor Marty Lederman in a multi-part series on Balkinization, which also includes helpful recent contributions from Professors Bruce Ackerman, Mark Graber, and Gerard Magliocca.(9) Intertwined with some of the foregoing questions, does the case present a nonjusticiable political question? [read post]
5 Feb 2024, 9:20 am by Mark Tushnet
Were there a chance of a "shakedown" period in which that misunderstanding could be overcome, perhaps the consequences Bruce and others fear might be tempered, but I seriously doubt that there would be such a shakedown period or that the tempering efect would be large. [read post]
4 Feb 2024, 7:55 pm by Marty Lederman
 I'm not sure what I wrote to give Bruce that impression, but it's the furthest thing from the truth. [read post]
4 Feb 2024, 5:57 pm by Bruce Ackerman
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]
15 Nov 2023, 10:21 pm by Jim Lindgren
United States – raises two vital matters: 1) Can Congress tax unrealized capital gains, as Yale Law Professor Bruce Ackerman argues in an amicus brief; and 2) Can Congress enact a Bernie Sanders/Elizabeth Warren-style wealth tax, including on unrealized capital gains, as the two Amar brothers (Akhil Reed Amar and Vikram David Amar) argue? [read post]