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
From Democratic Dualism to Political Realism: Transforming the Constitution
In the latest volume of Bruce Ackerman's We the People, he sets out to demonstrate that the Constitution has been legitimately amended by “unconventional” means, or by mechanisms other than the
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


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