Search for: "Bruce Ackerman"
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26 Aug 2020, 12:44 pm
3) This constitutional regime is subject to informal but effective amendment at what Bruce Ackerman called “constitutional moments. [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]
28 Jun 2020, 2:29 pm
Bruce Ackerman attributesthe paucity of sweeping constitutional amendments since the New Deal Era to our having found other means of achieving constitutional change. [read post]
26 Jun 2020, 6:30 am
Popular Constitutionalism and Bruce Ackerman’s theory of “constitutional moments” are examples of this approach. [read post]
16 Jun 2020, 8:00 am
Bruce Ackerman's theory is an originalist theory, as he himself has said on more than one occasion. [read post]
14 May 2020, 6:30 am
It does so by dropping the Article of Confederation’s language of “confederation” and the more strident rhetoric of state “sovereignty”—along with the power of a single state to stop a constitutional amendment dead in its tracks—in favor of “the people of the United States” forming a new government based entirely on a new formula that gives no such veto power to any single state.These changes, as Bruce Ackerman, Akhil Amar, and… [read post]
13 May 2020, 9:30 pm
”: The United Church of Canada and the Debate over Abortion Law Reform, 1960–1980 / Katrina Ackerman, Bruce Douville, and Shannon Stettner3 Not a Gift from Above: The Mythology of Homosexual Law Reform and the Making of Neoliberal Queer Histories / Gary KinsmanPart 2: Activist Responses4 “The State’s Key to the Bedroom Door”: Queer Perspectives on Pierre Elliot Trudeau’s “Just Society” in an Era of Bathhouse Raids… [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]
17 Apr 2020, 6:30 am
Bruce Ackerman and others have suggested that the Thirteenth, Fourteenth, and Fifteenth Amendments may not have met Article V’s requirements, but attained legitimacy through other means.Similarly, it may mean that the Nineteenth Amendment and the Equal Rights Amendment can be legitimized through means other than Article V. [read post]
24 Feb 2020, 11:24 am
” For more reading on the debate between scholars over the meaning of Marbury and its implication for judicial review and judicial supremacy, consider the following: Bruce Ackerman, Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of Presidential Democracy (Harvard University Press 2005) Albert Beveridge, The Life of John Marshall (1919) Edward S. [read post]
27 Jan 2020, 6:45 pm
Bruce Ackerman, at Yale Law, sent this heads-up and it is well worth reading: Politico (January 25, 2020) Trump’s Lawyers Are Getting Andrew Johnson’s Impeachment All Wrong Yes, the 17th president was acquitted on similar charges—but bribery likely played a role. [read post]
19 Dec 2019, 7:35 am
Some of you may think that my comments on the subpoenas and Bruce Ackerman’s comments on the rules for the trial of the impeachment charges are in conflict. [read post]
17 Dec 2019, 5:20 pm
Bruce Ackerman of Yale Law School has written a clear description of the rules that will apply in the Senate. [read post]
15 Nov 2019, 6:30 am
It is worth noting that Bruce Ackerman's important rendering of the the New Deal as a "constitutional moment" amending the Constitution outside Article V in effect requires ignoring, or at least diminishing the relevance, of McCulloch. [read post]
14 Nov 2019, 6:30 am
As Bruce Ackerman pointed out years ago, the New Deal Court embraced John Marshall and McCulloch in order to add a patina of original understanding to its startling restructuring of federal power. [read post]
22 Oct 2019, 6:06 am
His discussion of "the deliberate will of the people" reminds me of Bruce Ackerman on dualist democracy, or maybe it should be the other way around. [read post]
21 Oct 2019, 1:08 pm
“John Roberts Won’t Let Mitch McConnell Derail a Trump Impeachment Trial”: Law professor Bruce Ackerman has this jurisprudence essay online at Slate. [read post]
13 Aug 2019, 2:48 pm
For the symposium on Lawrence Lessig, Fidelity and Constraint: How the Supreme Court Has Read the American Constitution (Oxford University Press, 2019).I am grateful to Jack Balkin and the Balkinization blog for the careful and powerful collection of review essays based on my book Fidelity & Constraint (2019). [read post]
9 Jul 2019, 7:48 am
David Abraham, Professor of Law Emeritus, University of Miami School of Law Jeffrey Abramson, Professor of Law & Government, University of Texas at Austin School of Law Bruce Ackerman, Sterling Professor of Law and Political Science, Yale Law School Neal Allen, Chair and Associate Professor of Political Science, Wichita State University William Araiza, Professor of Law, Brooklyn Law School Sahar Aziz, Professor of Law, Rutgers Law School Asli Bâli, Professor of… [read post]
2 Jul 2019, 5:38 am
Like Bruce Ackerman, he seeks to justify the New Deal era decisions that transformed American constitutional law and created a new baseline that has been (mostly) stable ever since. [read post]
