Bruce Ackerman Explained

Bruce Ackerman
Birth Name:Bruce Arnold Ackerman
Birth Date:19 August 1943
Birth Place:New York City, New York, U.S.
Sterling Professor of Law and Political Science
Module:
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Discipline:Constitutional law
Workplaces:University of Pennsylvania
Yale University
Columbia University
Notable Works:We the People (1991–2014)[1]

Bruce Arnold Ackerman (born August 19, 1943) is an American legal scholar who serves as a Sterling Professor at Yale Law School. In 2010, he was named by Foreign Policy magazine to its list of top global thinkers.[2] Ackerman was also among the unranked bottom 40 in the 2020 Prospect list of the top 50 thinkers for the COVID-19 era.[3]

Early life and education

Ackerman was born on August 19, 1943. He graduated from the Bronx High School of Science and received a Bachelor of Arts, summa cum laude, from Harvard University in 1964 as well as a Bachelor of Laws degree from Yale Law School in 1967. He clerked for U.S. Court of Appeals Judge Henry Friendly from 1967 to 1968, and then for U.S. Supreme Court Justice John Marshall Harlan II from 1968 to 1969.

Career

Ackerman joined the faculty of University of Pennsylvania Law School in 1969.[4] He was a professor at Yale University from 1974 to 1982 and at Columbia University from 1982 to 1987. Since 1987 Ackerman has been the Sterling Professor of Law and Political Science at Yale. He teaches classes at Yale on the concepts of justice and on his theories of constitutional transformation. His wife, Susan Rose-Ackerman, is also a professor at Yale Law School who teaches classes on administrative law. Their son, John M. Ackerman, is also an academic who lives and works in Mexico. Their daughter, Sybil Ackerman-Munson is an environmentalist in Portland, Oregon. He was elected a Fellow of the American Academy of Arts and Sciences in 1986.[5] He is also a Commander of the Order of Merit of the French Republic.

Ackerman is listed as counsel in U.S. Army Captain Nathan Michael Smith's lawsuit against President Barack Obama.[6] The lawsuit asserts five counts against the President: that Operation Inherent Resolve violates the War Powers Resolution, that the Constitution's Take Care Clause requires the President to publish a sustained legal justification of his actions, that the Authorization for Use of Military Force Against Terrorists does not authorize the operation against ISIS, that the Iraq Resolution does not authorize the operation in Iraq, and that the Commander in Chief clause does not allow the President to authorize the operation.[7] Captain Smith's attorneys allege he has standing to sue because he will be personally liable for any damages he inflicts in an illegal war.[8] The White House responded that the lawsuit raises "legitimate questions".[9] After the district court dismissed the lawsuit as a political question, Ackerman appealed.[10]

In 2022, Ackerman co-authored a Politico article with Gerard Magliocca predicting that the 2024 United States presidential election would divide the country into Democratic states that disqualify Donald Trump from appearing on the ballot under the Fourteenth Amendment to the United States Constitution for the January 6 United States Capitol attack and Republican states which would not, potentially leading to a constitutional crisis in which no candidate wins a supermajority of votes in the United States Electoral College and in which the United States House of Representatives either nominates Trump as the winner despite losing the electoral vote or is completely incapable of resolving the issue through a contingent election as constitutionally required.[11]

Works

He is the author of nineteen books and more than ninety articles. His interests cover constitutional theory, political philosophy, comparative law and politics, law and economics, American constitutional history, the environment, modern economy and social justice.

His works include:

We the People: Foundations is best known for its forceful argument that the "switch in time", whereby a particular member of the US Supreme Court changed his judicial philosophy to one that permitted much more of the New Deal legislation in response to the so-called court-packing plan, is an example of political determination of constitutional meaning. Ackerman delivered the 2006 Oliver Wendell Holmes Lectures at Harvard Law School.[12]

The Stakeholder Society served as a basis for the introduction of Child Trust Funds in the United Kingdom.[13]

University of Tehran held a conference in May 2019, about Revolutionary Constitutions: Charismatic Leadership and the Rule of Law with Ackerman and Maftouni as keynote speakers. Maftouni also wrote a review on the book which was published in The Socratic Inquiry newsletter[14] and an analytical paper about some parts of the book which was published in Journal of Contemporary Research on Islamic Revolution.[15]

See also

External links

Notes and References

  1. Thiruvengadam . Arun K. . 2019 . Evaluating Bruce Ackerman's 'Pathways to Constitutionalism' and India as an Exemplar of 'Revolutionary Constitutionalism on a Human Scale' . International Journal of Constitutional Law . 17 . 2 . 682 . 10.1093/icon/moz048 . 1474-2659.
  2. Web site: The FP Top 100 Global Thinkers . 2017-03-05 . https://web.archive.org/web/20141108104941/http://www.foreignpolicy.com/articles/2010/11/29/the_fp_top_100_global_thinkers?page=0,48 . 2014-11-08 . dead .
  3. 2020. The world's top 50 thinkers for the Covid-19 age. 2020-09-08. Prospect. 2020-09-07. https://web.archive.org/web/20200907185002/https://www.prospectmagazine.co.uk/content/uploads/2020/09/PWTT20.pdf. dead.
  4. Web site: Bruce Arnold Ackerman . 2019-04-30 . 2019-04-30 . https://web.archive.org/web/20190430032338/https://law.yale.edu/sites/default/files/documents/faculty/ackerman_cv_2.20.19.pdf . dead .
  5. Web site: Book of Members, 1780–2010: Chapter A. American Academy of Arts and Sciences. 1 April 2011.
  6. News: Savage. Charlie. An Army Captain Takes Obama to Court Over ISIS Fight. 12 May 2016. The New York Times. 5 May 2016. A14.
  7. News: Ackerman. Bruce. Is America's War on ISIS Illegal. 12 May 2016. The New York Times. 5 May 2016. A25.
  8. News: Ford. Matt. Is the U.S. War Against ISIS Illegal?. 12 May 2016. The Atlantic. 5 May 2016.
  9. News: The Editorial Board of the New York Times. A Soldier's Challenge to the President. 12 May 2016. The New York Times. 10 May 2016. A22.
  10. News: Ackerman. Bruce. Trump Must Get Congress's O.K. on Syria. 20 October 2017. The New York Times. 8 April 2017. A25.
  11. Web site: Biden vs. Trump: The Makings of a Shattering Constitutional Crisis . 2023-04-24 . POLITICO . February 2022 . en.
  12. https://harvardlawreview.org/wp-content/uploads/pdfs/ackerman.pdf Bruce Ackerman, The Living Constitution
  13. For a more extended consideration of his contributions over the course of his career, go to Biographical Overview: "Bruce Ackerman" at law.yale.edu
  14. Nadia Maftouni, Book Review: Revolutionary Constitutions: Charismatic Leadership and the Rule of Law (Bruce Ackerman, Harvard University Press, 2019), The Socratic Inquiry Newsletter, 1 (3), 2-3 (2019).
  15. Nadia Maftouni, Is the Iranian Revolution Sustaining aConstitutional System? The Assessment in Terms of Bruce Ackerman's Theory, Journal of Contemporary Research on Islamic Revolution, 2 (6), 85-98 (2020).