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.
Constitutional thought is currently dominated by heroic tales of the Founding Fathers — who built an Enlightenment machine that can tick-tock its way into the twenty-first century, with a little fine-tuning by the Supreme Court. However, according to Bruce Ackerman, the modern presidency is far more dangerous today than it was when Arthur Schlesinger published the Imperial Presidency in 1973. In this book, he explores how the interaction of changes in the party system, mass communications, the bureaucracy, and the military have made the modern presidency too powerful and a threat to liberal constitutionalism and democracy. Ackerman argues that the principles of constitutional legitimacy have been undermined by both political and legal factors. On the political level, by “government by emergency” and “government by public-opinion poll”; on the legal, by two rising institutions: The Office of Legal Counsel in the Department of Justice and the Office of the Presidential Counsel in the White House. Both institutions came out of the New Deal, but have gained prominence only in the last generation. Lastly, Ackerman kicks off a reform debate that aims to adapt the Founding ideal of checks-and-balances to twenty-first century realities. His aim is not to propose definitive solutions but to provoke a national debate on American democracy in its time of trouble.
Offering insights into the origins, successes, and threats to revolutionary constitutionalism, Bruce Ackerman takes us to India, South Africa, Italy, France, Poland, Burma, Israel, Iran, and the U.S. and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy.
An incisive legal argument that the attempt to impeach then-President Bill Clinton was not only ethically troubling, but actually against the basic legal procedures of the House and Senate and thus unconstitutional. A wake-up call, relevant even today, of the lengths to which the American right will go in order to bring down their rivals, even under the scrutinizing eyes of the world.
Based on seven years of archival research, the book describes previously unknown aspects of the electoral college crisis of 1800, presenting 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. Through close studies of two Supreme Court cases, Ackerman shows how the court integrated Federalist and Republican themes into the living Constitution of the early republic.
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.
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.
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div Bruce 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 is a 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 is not 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. /DIV
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.
divdivIn 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./DIV/DIV
An original and compelling vision of a just society“A ‘new view’ of the theoretical foundations of liberalism that will ‘challenge us to clarify our own implicit notions of liberal democracy.’ ”—The New York Times Book ReviewWinner of a Certificate of Merit for the American Bar Association's 1981 Gavel Award for outstanding public serviceFirst published in 1980 and continuously in print ever since, Bruce Ackerman's classic Social Justice in the Liberal State offers a new foundation for liberal political theory— a world in which each of us may live his or her own life in his or her own way, without denying the same right to others. Full of provocative discussions of issues ranging from education to abortion, it makes fascinating reading for anyone concerned with the future of the liberal democratic state. “Professor Ackerman has tackled age-old problems of social justice with the refreshing technique of a series of dialogues in which the proponent of a position must either confront his opponent with an answer, constrained by the three principles of rationality, consistency, and neutrality, or submit to a checkmate. The author’s ability to combine earthiness with extreme subtlety in framing the dialogues has produced a novel, mind-stretching book.”—Henry J. Friendly, Senior Judge, U.S. Court of Appeals for the Second Circuit“What limits should we place on genetic manipulation? How many children should we have? How should we regulate abortions and adoptions? What rights does the community have, what rights do parents have in the education of children? What rights do children have? What resources must we leave to future generations? To see all these as questions of distributive justice is to connect them in a new way (and to make) a significant contribution.”—Michael Walzer, The New Republic “The breadth of the attack on the fundamental issues of man and society is impressive.”—Foreign Affairs
Volume V in the acclaimed Real Utopias Project series, edited by Erik Olin Wright. Are there ways that contemporary capitalism can be rendered a dramatically more egalitarian economic system without destroying its productivity and capacity for growth? This book explores two proposals, unconditional basic income and stakeholder grants, that attempt just that. In a system of basic income, as elaborated by Philippe van Parijs, all citizens are given a monthly stipend sufficient to provide them with a no-frills but adequate standard of living. This monthly income is universal rather than means-tested, and it is unconditional - receiving the basic income does not depend upon performing any labor services or satisfying other conditions. It affirms the idea that as a matter of basic rights, no one should live in poverty in an affluent society. In a system of stakeholder grants, as discussed by Bruce Ackerman and Anne Alstott, all citizens upon reaching the age of early adulthood receive a substantial one-time lump-sum grant sufficiently large so that all young adults would be significant wealth holders. Ackerman and Alstott propose that this grant be in the vicinity of $80,000 and be financed by an annual wealth tax of roughly 2 percent. A system of stakeholder grants, they argue, "expresses a fundamental responsibility: every American has an obligation to contribute to a fair starting point for all.
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 adult's 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.
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. .
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.
A path-breaking effort in constitutional theory which brings a new clarity to the interpretation of the Fifth Amendment's just compensation clause. Essential reading for lawyers concerned with environmental regulation or the general development of constitutional doctrine.
Certain to become the most important work in political theory since John Rawls's A Theory of Justice, this book presents a brilliantly original, compelling vision of a just society-a world in which each of us may live his own life in his own way without denying the same right to others. Full of provocative discussions of issues ranging from education to abortion, it makes fascinating reading for anyone concerned with the future of the liberal democratic state.
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