Integrating themes from American history, political science, and philosophy, We the People confronts popular sovereignty in America. Rejecting arguments of judicial activists, proceduralists, and neoconservatives, Ackerman’s new model of judicial interpretation synthesizes the constitutional contributions of many generations into a coherent whole.
The Civil Rights Revolution carries Bruce Ackerman's sweeping reinterpretation of constitutional history into the era beginning with Brown v Board of Education. Laws that ended Jim Crow and ensured equal rights at work, in schools, and in the voting booth gained congressional approval only after the American people mobilized their support.
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, Volume 2: 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, The 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, Volume 2: 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.
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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.
Must we resign ourselves to a growing chasm between rich and poor? Bruce Ackerman and Anne Alstott propose an innovative alternative in this thought-provoking book: an eighty thousand dollar grant for every qualifying young adult. The authors analyze this plan from many perspectives and argue that such a citizen's stake would open the way to a society that is more democratic, productive, and free. "A serious, smart book, which also functions as a cogent critique of the inequality of opportunity that has become a given in modern America."-New Yorker "A Big New Idea so bold in its simplicity, so pure in its claims to justice, . . . that the only shock is that it is certain to get a hearing as the fight to fix Social Security heats up this year."-Matthew Miller, New York Times Magazine "The new century needs political and social innovation even more than it needs business innovation. The authors have done well what intellectuals are supposed, but are seldom bold enough, to do-innovate ideas about important social issues."-Jack Beatty, Atlantic Monthly "A big idea like this is significant because it can reframe the public debate. It can change the prevailing assumptions. Eventually, it can change the course of the nation."-Robert Reich, Former Secretary of Labor, Washington Post
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.
The proper construction of the compensation clause of the Constitution has emerged as the central legal issue of the environmental revolution, as property owners have challenged a steady stream of environmental statutes that have cut deeply into traditional notions of property rights. When may they justly demand that the state compensate them for the sacrifices they are called upon to make for the common good? Ackerman argues that there is more at stake in the present wave of litigation than even the future shape of environmental law in the United States. To frame an adequate response, lawyers must come to terms with an analytic conflict that implicates the nature of modern legal thought itself. Ackerman expresses this conflict in terms of two opposed ideal types--Scientific Policymaking and Ordinary Observing--and sketches the very different way in which these competing approaches understand the compensation question. He also tries to demonstrate that the confusion of current compensation doctrine is a product of the legal profession's failure to choose between these two modes of legal analysis. He concludes by exploring the large implications of such a choice--relating the conflict between Scientific Policymaking and Ordinary Observing to fundamental issues in economic analysis, political theory, metaethics, and the philosophy of language.
Annotation In an audacious proposal to energize the electoral process, two leading political thinkers challenge Americans to revitalize their democracy and break the cycle of cynical media manipulation that is crippling public life.
Also includes information on aftermath of terrorist attack, Al Qaeda, George W. Bush, civil liberties, U.S. Congress, U.S. Constitution, courts, detainees, detention, due process, emergency constitution, emergency powers, emergency regime, existential crisis, extraordinary powers, Founding Fathers, framework statutes, freedom, habeas corpus writ, Iraq war, Abraham Lincoln, Jose Padilla, panic reaction, precedents of presidential powers, presidency, president, Franklin D. Roosevelt, rule of law, second strike, Second World War, secrecy, seizure, September 11, 2001, state of emergency, supermajoritarian escalator, terrorist attack, torture, United Kingdom, etc.
Economic themes underlie many aspects of Native American history from the fur trade, the devastating impact of European diseases, and the taking of Native American land to the current issues of uranium mining on Navajo land and casino gambling. Yet this is the first encyclopedia to analyze Native American history against an economic background. Describing the impact of Euro-American settlement from a Native American perspective, the book profiles the economies of roughly forty Native American tribes and nations from pre-Columbian times to the present. Other entries focus on demographics, such historical issues as the Allotment Act of 1887, and modern efforts at economic development. The book provides a valuable guide to an important area in Native American Studies and American economic history. Basing entries on Native nations, the work includes peoples living in present-day Canada, Mexico, Guatemala, and the United States. Along with nation profiles, the book includes historical information on demographics, economic conditions on reservations, and the economic basis for present-day attempts to increase Native American sovereignty. It is a concise, readable account of Native American history in a format suitable for undergraduates.
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