Ackerman is listed as counsel in U.S. Army Captain Nathan Michael Smith's lawsuit against President Barack Obama
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.
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.
The White House responded that the lawsuit raises "legitimate questions".
After the district court dismissed the lawsuit as a political question
, Ackerman appealed.
Criticism of judicial review
Sandrine Baume identified Bruce Ackerman as a leading critic of the "compatibility of judicial review with the very principles of democracy," in contrast to writers like John Hart Ely
and Ronald Dworkin
For his position as documented by Baume, Ackerman was joined in his opinion about judicial review
by Larry Kramer
and Mark Tushnet
as the main proponents of the idea that judicial review
should be strongly limited and that the Constitution should be returned "to the people."
That reading by Baume of Ackerman fails to account for Ackerman's many arguments for judicial review in a democratic constitution, such as his Storrs Lecture
, when he noted that judicial review "is part of a larger theme that distinguishes the American Constitution from other, less durable, frameworks for liberal democracy." As one of three principles of the economy of virtue, Ackerman sees a constitutional design for judicial review "that gives judges special incentives to uphold the integrity of earlier constitutional solutions against the pulling and hauling of normal politics."
Ackerman has refined his approach but still asserts, "I refuse to join in the general retreat from judicial review that characterizes the contemporary work of many liberal constitutionalists."
He is the author of fifteen books and more than eighty 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.
University of Tehran
held a conference on 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
and an analytical paper about some parts of the book which was published in Journal of Contemporary Research on Islamic Revolution
- ^ Young, Shaun P. (2004). "The Concept of Political Liberalism". In Young, Shaun P. (ed.). Political Liberalism: Variations on a Theme. Albany, New York: State University of New York Press. p. 7. ISBN 978-0-7914-6175-4.
- ^ 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. doi:10.1093/icon/moz048. ISSN 1474-2659.
- ^ Levinson, Sanford (1999). "Transitions". The Yale Law Journal. 108 (8): 2215–2216. doi:10.2307/797386. ISSN 0044-0094. JSTOR 797386.
- ^ "Archived copy". Archived from the original on 2014-11-08. Retrieved 2017-03-05.
- ^ "The world's top 50 thinkers for the Covid-19 age" (PDF). Prospect. 2020. Retrieved 2020-09-08.
- ^ "Book of Members, 1780–2010: Chapter A"(PDF). American Academy of Arts and Sciences. Retrieved 1 April 2011.
- ^ Savage, Charlie (5 May 2016). "An Army Captain Takes Obama to Court Over ISIS Fight". The New York Times. pp. A14. Retrieved 12 May 2016.
- ^ Ackerman, Bruce (5 May 2016). "Is America's War on ISIS Illegal". The New York Times. pp. A25. Retrieved 12 May 2016.
- ^ Ford, Matt (5 May 2016). "Is the U.S. War Against ISIS Illegal?". The Atlantic. Retrieved 12 May 2016.
- ^ The Editorial Board of the New York Times (10 May 2016). "A Soldier's Challenge to the President". The New York Times. pp. A22. Retrieved 12 May 2016.
- ^ Ackerman, Bruce (8 April 2017). "Trump Must Get Congress's O.K. on Syria". The New York Times. p. A25. Retrieved 20 October 2017.
- ^ Baume, Sandrine (2011). Hans Kelsen and the Case for Democracy, ECPR Press, pp. 53–54.
- ^ Mark Tushnet. Taking the Constitution Away From the Courts (Princeton University Press 1999), pp. 1-11.
- ^ Bruce A. Ackerman, The Storrs Lectures: Discovering the Constitution, 93 Yale L.J. 1013, 1031 (1984).
- ^ Bruce Ackerman, De-Schooling Constitutional Law, 123 Yale L.J. 3104, 3120 (2014).
- ^ Bruce Ackerman, The Living Constitution, 120 Harv. L. Rev. 1737 (2007).
- ^ "Bruce Ackerman" at law.yale.edu
- ^ 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).
- ^ Nadia Maftouni, Is the Iranian Revolution Sustaining a Constitutional System? The Assessment in Terms of Bruce Ackerman's Theory, Journal of Contemporary Research on Islamic Revolution, 2 (6), 85-98 (2020).
Last edited on 19 April 2021, at 19:56
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