Bruce Ackerman - Böcker

A study of the uncertain constitutional foundations of private property in American law and a discussion of two vastly different methods by which courts may resolve the confusion.

Since 1989, the Cold War has ended, new nations have emerged in Eastern Europe, and revolutionary struggles to establish liberal ideals have been waged against repressive governments throughout the world. Will the promise of liberalism be realized? What can liberals do to make the most of their opportunities and construct enduring forms of political order? In this important and timely book, a leading political theorist discusses the possibility of liberal democracy in Western and Eastern Europe and offers practical suggestions for its realization. Bruce Ackerman begins by sketching the challenges faced a Western Europe free for the first time in half a century to determine its own fate without the constant intervention of the United States and the Soviet Union. Unless decisive steps are taken, this moment of promise can degenerate into a new cycle of nationalist power struggle. Revolutionary action is now required to build the foundations of a democratic federal Europe—a union strong enough to keep the peace and to combat the threat of local tyrannies. Ackerman next considers Eastern Europe and discusses fundamental problems overlooked in the rush to build market economies there. He points out that leading countries—including Poland, Hungary, and Russia—have yet to establish new constitutions, contenting themselves instead with hasty amendments to old Communist documents. This is a great mistake, says Ackerman, for there is an urgent need to constitutionalize liberal revolution, and the window of opportunity for doing this is far smaller than many people realize. Neither judicial efforts to punish collaborators with the old regimes and to redress wrongs done to their victims nor the judicial activism now sweeping Eastern Europe should take priority over the formulation of democratically legitimated constitutions. Ackerman concludes by considering the impact of 1989 on South Africa, Latin America, and the United States, exploring how decisive liberal action throughout the world can help to expand the range of functioning constitutional democracies and recover liberalism's lost revolutionary heritage. .

A quarter century of trickle-down economics has failed. Economic inequality in the United States has dramatically increased. Many, alas, seem resigned to this growing chasm between rich and poor. But what would happen, ask Bruce Ackerman and Anne Alstott, if America were to make good on its promise of equal opportunity by granting every qualifying young adult a citizen’s stake of eighty thousand dollars? Ackerman and Alstott argue that every American citizen has the right to share in the wealth accumulated by preceding generations. The distribution of wealth is currently so skewed that the stakeholding fund could be financed by an annual tax of two percent on the property owned by the richest forty percent of Americans.Ackerman and Alstott analyze their initiative from moral, political, economic, legal, and human perspectives. By summoning the political will to initiate stakeholding, they argue, we can achieve a society that is more democratic, productive, and free. Their simple but realistic plan would enhance each young adultís real ability to shape his or her own future. It is, in short, an idea that should be taken seriously by anyone concerned with citizenship, welfare dependency, or social justice in America today.

The Supreme Court’s intervention in the 2000 election will shape American law and democracy long after George W. Bush has left the White House. This vitally important book brings together a broad range of preeminent legal scholars who address the larger questions raised by the Supreme Court’s actions. Did the Court’s decision violate the rule of law? Did it inaugurate an era of super-politicized jurisprudence? How should Bush v. Gore change the terms of debate over the next round of Supreme Court appointments?The contributors—Bruce Ackerman, Jack Balkin, Guido Calabresi, Steven Calabresi, Owen Fiss, Charles Fried, Robert Post, Margaret Jane Radin, Jeffrey Rosen, Jed Rubenfeld, Cass Sunstein, Laurence Tribe, and Mark Tushnet—represent a broad political spectrum. Their reactions to the case are varied and surprising, filled with sparkling argument and spirited debate. This is a must-read book for thoughtful Americans everywhere.

In this provocative book, two leading law professors challenge the existing campaign reform agenda and present a new initiative that avoids the mistakes of the past.Bruce Ackerman and Ian Ayres build on the example of the secret ballot and propose a system of “secret donation booths” for campaign contributions. They unveil a plan in which the government provides each voter with a special credit card account containing fifty “Patriot dollars” for presidential elections. To use this money, citizens go to their local ATM machine and anonymously send their Patriot dollars to their favorite candidates or political organizations. Americans are free to make additional contributions, but they must also give these gifts anonymously. Because candidates cannot identify who provided the funds, it will be much harder for big contributors to buy political influence. And the need for politicians to compete for the Patriot dollars will give much more power to the people.Ackerman and Ayres work out the operating details of their plan, anticipate problems, design safeguards, suggest overseers, and show how their proposals satisfy the most stringent constitutional requirements. They conclude with a model statute that could serve as the basis of a serious congressional effort to restore Americans’ faith in democratic politics.

Two leading political thinkers offer an audacious proposal to energize the electoral processBruce Ackerman and James Fishkin argue that Americans can revitalize their democracy and break the cycle of cynical media manipulation that is crippling public life. They propose a new national holiday—Deliberation Day—for each presidential election year. On this day people throughout the country will meet in public spaces and engage in structured debates about issues that divide the candidates in the upcoming presidential election.Deliberation Day isa bold new proposal, but it builds on a host of smaller experiments. Over the past decade, Fishkin has initiated Deliberative Polling events in the United States and elsewhere that bring random and representative samples of voters together for discussion of key political issues. In these events, participants greatly increase their understanding of the issues and often change their minds on the best course of action.Deliberation Day isnot merely a novel idea but a feasible reform. Ackerman and Fishkin consider the economic, organizational, and political questions raised by their proposal and explore its relationship to the larger ideals of liberal democracy.

A leading political and legal thinker explains how to end the dangerous cycle of repression unleashed by the war on terrorTerrorist attacks regularly trigger the enactment of repressive laws, setting in motion a vicious cycle that threatens to devastate civil liberties over the twenty-first century. In this clear-sighted book, Bruce Ackerman peers into the future and presents an intuitive, practical alternative. He proposes an “emergency constitution” that enables government to take extraordinary actions to prevent a second strike in the short run whileprohibiting permanent measures that destroy our freedom over the longer run.Ackerman’s “emergency constitution” exposes the dangers lurking behind the popular notion that we are fighting a “war” on terror. He criticizes court opinions that have adopted the war framework, showing how they uncritically accept extreme presidential claims to sweeping powers. Instead of expanding the authority of the commander in chief, the courts should encourage new forms of checks and balances that allow for decisive, but carefully controlled, presidential action during emergencies. In making his case, Ackerman explores emergency provisions in constitutions of nations ranging from France to South Africa, retaining aspects that work and adapting others. He shows that no country today is well equipped to both fend off terrorists and preserve fundamental liberties, drawing particular attention to recent British reactions to terrorist attacks. Written for thoughtful citizens throughout the world, this book is democracy's constitutional reply to political excess in the sinister era of terrorism.

One of our most influential political theorists offers a boundary-breaking—and liberating—perspective on the meaning of life in the internet age  Human beings have taken one thing for granted since our earliest days: we are bodily creatures dealing with one another on a face-to-face basis. The internet has shattered this fundamental feature of human existence. We are suddenly living our lives in two worlds at once—shifting endlessly from virtual to physical reality as we reach out to others.  Worse yet, we are developing different personal identities in our two worlds. We say and do things in virtual reality that flatly contradict our face-to-face commitments to family, friends, and fellow-workers—and vice versa. The Postmodern Predicament explores these dilemmas at each phase of the life cycle, beginning at the moment a young child picks up a cell phone.  The existentialist tradition of the twentieth century provides a precious perspective on our postmodern dilemmas. Thinkers and doers like Simone de Beauvoir and Jean-Paul Sartre considered the fragmentation of modern life as a central source of contemporary anxieties. Like them, Ackerman views the challenges of the internet age as a political, no less than personal, problem—and proposes concrete reforms that that could mobilize broad-based support for democracy against demagogic assaults on its very foundations.

Constitutional change, seemingly so orderly, formal, and refined, has in fact been a revolutionary process from the first, as Bruce Ackerman makes clear in We the People: Transformations. The Founding Fathers, hardly the genteel conservatives of myth, set America on a remarkable course of revolutionary disruption and constitutional creativity that endures to this day. After the bloody sacrifices of the Civil War, Abraham Lincoln and the Republican Party revolutionized the traditional system of constitutional amendment as they put principles of liberty and equality into higher law. Another wrenching transformation occurred during the Great Depression, when Franklin Roosevelt and his New Dealers vindicated a new vision of activist government against an assault by the Supreme Court.These are the crucial episodes in American constitutional history that Ackerman takes up in this second volume of a trilogy hailed as "one of the most important contributions to American constitutional thought in the last half-century" (Cass Sunstein, New Republic). In each case he shows how the American people--whether led by the Founding Federalists or the Lincoln Republicans or the Roosevelt Democrats--have confronted the Constitution in its moments of great crisis with dramatic acts of upheaval, always in the name of popular sovereignty. A thoroughly new way of understanding constitutional development, We the People: Transformations reveals how America's "dualist democracy" provides for these populist upheavals that amend the Constitution, often without formalities.The book also sets contemporary events, such as the Reagan Revolution and Roe v. Wade, in deeper constitutional perspective. In this context Ackerman exposes basic constitutional problems inherited from the New Deal Revolution and exacerbated by the Reagan Revolution, then considers the fundamental reforms that might resolve them. A bold challenge to formalist and fundamentalist views, this volume demonstrates that ongoing struggle over America's national identity, rather than consensus, marks its constitutional history.

The ink was barely dry on the Constitution when it was almost destroyed by the rise of political parties in the United States. As Bruce Ackerman shows, the Framers had not anticipated the two-party system, and when Republicans battled Federalists for the presidency in 1800, the rules laid down by the Constitution exacerbated the crisis. With Republican militias preparing to march on Washington, the House of Representatives deadlocked between Thomas Jefferson and Aaron Burr. Based on seven years of archival research, the book describes previously unknown aspects of the electoral college crisis. Ackerman shows how Thomas Jefferson counted his Federalist rivals out of the House runoff, and how the Federalists threatened to place John Marshall in the presidential chair. Nevertheless, the Constitution managed to survive through acts of statesmanship and luck.Despite the intentions of the Framers, the presidency had become a plebiscitarian office. Thomas Jefferson gained office as the People's choice and acted vigorously to fulfill his popular mandate. This transformation of the presidency serves as the basis for a new look at Marbury v. Madison, the case that first asserted the Supreme Court's power of judicial review. Ackerman shows that Marbury is best seen in combination with another case, Stuart v. Laird, as part of a retreat by the Court in the face of the plebiscitarian presidency. This "switch in time" proved crucial to the Court's survival, allowing it to integrate Federalist and Republican themes into the living Constitution of the early republic. Ackerman presents a revised understanding of the early days of two great institutions that continue to have a major impact on American history: the plebiscitarian presidency and a Supreme Court that struggles to put the presidency's claims of a popular mandate into constitutional perspective.

Bruce Ackerman shows how the institutional dynamics of the last half-century have transformed the American presidency into a potential platform for political extremism and lawlessness. Watergate, Iran-Contra, and the War on Terror are only symptoms of deeper pathologies. ­Ackerman points to a series of developments that have previously been treated independently of one another—from the rise of presidential primaries, to the role of pollsters and media gurus, to the centralization of power in White House czars, to the politicization of the military, to the manipulation of constitutional doctrine to justify presidential power-grabs. He shows how these different transformations can interact to generate profound constitutional crises in the twenty-first century—and then proposes a series of reforms that will minimize, if not eliminate, the risks going forward. The book aims to begin a new constitutional debate. Americans should not suppose that Barack Obama’s centrism and constitutionalism will typify the presidencies of the twenty-first century. We should seize the present opportunity to confront deeper institutional pathologies before it is too late.

Bruce Ackerman offers a sweeping reinterpretation of our nation’s constitutional experience and its promise for the future. Integrating themes from American history, political science, and philosophy, We the People confronts the past, present, and future of popular sovereignty in America. Only this distinguished scholar could present such an insightful view of the role of the Supreme Court. Rejecting arguments of judicial activists, proceduralists, and neoconservatives, Ackerman proposes a new model of judicial interpretation that would synthesize the constitutional contributions of many generations into a coherent whole. The author ranges from examining the origins of the dualist tradition in the Federalist Papers to reflecting upon recent, historic constitutional decisions. The latest revolutions in civil rights, and the right to privacy, are integrated into the fabric of constitutionalism. Today’s Constitution can best be seen as the product of three great exercises in popular sovereignty, led by the Founding Federalists in the 1780s, the Reconstruction Republicans in the 1860s, and the New Deal Democrats in the 1930s.Ackerman examines the roles played during each of these periods by the Congress, the Presidency, and the Supreme Court. He shows that Americans have built a distinctive type of constitutional democracy, unlike any prevailing in Europe. It is a dualist democracy, characterized by its continuing effort to distinguish between two kinds of politics: normal politics, in which organized interest groups try to influence democratically elected representatives; and constitutional politics, in which the mass of citizens mobilize to debate matters of fundamental principle. Although American history is dominated by normal politics, our tradition places a higher value on mobilized efforts to gain the consent of the people to new governing principles. In a dualist democracy, the rare triumphs of constitutional politics determine the course of normal politics.More than a decade in the making, and the first of three volumes, We the People, Volume 1: Foundations speaks to all who seek to renew and redefine our civic commitments in the decades ahead.

A robust defense of democratic populism by one of America’s most renowned and controversial constitutional scholars—the award-winning author of We the People.Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds—or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy.Ackerman returns to the United States in his last chapter to provide new insights into the Founders’ acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors’ successes and profit from their mistakes, and sets up Ackerman’s next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements.

The Civil Rights Revolution carries Bruce Ackerman’s sweeping reinterpretation of constitutional history into the era beginning with Brown v. Board of Education. From Rosa Parks’s courageous defiance, to Martin Luther King’s resounding cadences in “I Have a Dream,” to Lyndon Johnson’s leadership of Congress, to the Supreme Court’s decisions redefining the meaning of equality, the movement to end racial discrimination decisively changed our understanding of the Constitution.“The Civil Rights Act turns 50 this year, and a wave of fine books accompanies the semicentennial. Ackerman’s is the most ambitious; it is the third volume in an ongoing series on American constitutional history called We the People. A professor of law and political science at Yale, Ackerman likens the act to a constitutional amendment in its significance to the country’s legal development.”—Michael O’Donnell, The Atlantic“Ackerman weaves political theory with historical detail, explaining how the civil rights movement evolved from revolution to mass movement and then to statutory law…This fascinating book takes a new look at a much-covered topic.”—Becky Kennedy, Library Journal