Constitutional Politics/Constitutional Law

  title={Constitutional Politics/Constitutional Law},
  author={Bruce A. Ackerman},
  journal={Yale Law Journal},
  • B. Ackerman
  • Published 1 December 1989
  • Law, History
  • Yale Law Journal
America is a world power, but does it have the strength to understand itself? Is it content, even now, to remain an intellectual colony, borrowing European categories to decode the meaning of its national identity? This was not always a question posed by the American Constitution. When America was a military and economic weakling on the European fringe, it was at the forefront of constitutional thought. As it transformed itself into the powerhouse of the West, its leading constitutionalists… 

The frontiers of constitutional law: Identity politics in reunified Germany

This article examines the changing significance of constitutional law in post‐ unification Germany. It asks whether the importance of constitutional discourse and processes within the Federal

Emerging Patterns of Global Constitutionalization: Toward a Conceptual Framework

Global constitutionalization is a recent phenomenon that is decisively changing the character of the international order. This argument was put forward recently by scholars of international law and

Europe's Second Constitution

The process of European constitutionalisation is met with extensive scepticism in current national legal and political spheres and in broader circles of public opinion across Europe. By shedding

Understanding the British Constitution

A familiar theme within discussions of the British constitution is that it has a peculiarly ‘pragmatic’ or ‘common sense’ character, and that this means that it is difficult to debate the

The Political Construction of Human Rights in the United States

American constitutional scholarship was inspired but seriously sidetracked by the Warren Court, which was viewed as a lonely warrior battling intolerant majorities on behalf of the powerless. History

The Constitutional Origins of the American Civil War

From the antebellum era to the present, Americans have been devoted to their two founding documents – the Declaration of Independence and the Constitution. If there is one thing that generations of

After the Constitutional Moment

The purpose of this paper is to investigate the various different conceptions of the European polity making project which might have been and indeed, if to differing degrees, were drawn upon and

Constitutional Review in the Mega-Leviathan: A Democratic Foundation for the European Court of Justice

The European Court of Justice (ECJ) serves, among other things, as a constitutional court for the EU. This means that it possesses the legal right to strike down both EU and national laws it deems

International Politics of Exception: Competing Visions of International Political Order between Law and Politics

Both political leaders and academics often claim exceptional times. But what does it mean to speak of exceptional politics in international relations? In one sense exceptionality is a descriptive

Constitutionalism and the Dilemma of Judicial Autonomy in Pakistan: A Critical Analysis

This work provides a twofold nature in relation to the law of Pakistan: firstly, constitutionalism being a broad public law concept applies to an analysis of the ongoing development and gradual



Revisiting Griswold: An Exploration of its Political, Social, and Legal Origins 5 (unpublished senior essay

  • Yale College, Apr
  • 1989

Supreme Court to hear the merits of its complaint

  • 1965


  • REP. No. 711,
  • 1937

on file in Whitney Library of the New Haven Colony Historical Society, Box 2, Folder F)

  • 1940

157. See, eg., the very different responses of Professors Charles Black and Louis Pollak to

  • L. REv
  • 1959

This quotation comes near the beginning of an argument that occupies pages 21-78 of a ninety-six-page argument

  • 1965

See supra text accompanying notes

    State v. Nelson, 11 A.2d 856 (1940) (on file in Whitney Library of the New Haven Colony Historical Society, Box 2, Folder F). The brief for Planned Parenthood cited cases like Allgeyer v

      union, or the guarantee of a retirement pension. Given the New Deal Court's embrace of activist government in the late 1930's, the Warren Court could hardly respond to the petitioner's

      • 1930