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Bruce Ackerman

From Wikipedia, the free encyclopedia
Bruce Ackerman
Ackerman in 2017
Born
Bruce Arnold Ackerman

(1943-08-19) August 19, 1943 (age 83)
Education
Occupations
  • Law professor
  • author
TitleSterling Professor of Law and Political Science
Spouse
​
(m. 1967)​
Children
AwardsTang Prize (2026)
Academic work
DisciplineConstitutional law
InstitutionsUniversity of Pennsylvania
Yale University
Columbia University
Doctoral students
Chang Wen-chen
Notable works
We the People (1991–2014)[1]

Bruce Arnold Ackerman (born August 19, 1943) is an American legal scholar and political philosopher who serves as Sterling Professor of Law and Political Science at Yale University. He is recognized for his contributions to constitutional theory, democratic governance, and political philosophy, particularly his theory of constitutional change through "constitutional moments" and his concept of dualist democracy.

Ackerman is a Fellow of the American Academy of Arts and Sciences[2] and has received the French Order of Merit and the 2026 Tang Prize in the Rule of Law. In 2010, he was named by Foreign Policy magazine to its list of top global thinkers.[3] Ackerman was also identified as one of the top 50 thinkers of the COVID-19 era by Prospect.[4]

Early life and education

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Ackerman was born in New York City on August 19, 1943 to Jewish parents. Ackerman's parents fled Eastern Europe, his mother was Polish-Jewish and his father was Hungarian-Jewish. His Jewish ancestors left due to the rise of antisemitic pogroms.[5] He grew up in the Bronx, graduating from the Bronx High School of Science. He went on to earn a Bachelor of Arts, summa cum laude, from Harvard University in 1964, followed by a Bachelor of Laws (equivalent to a Juris Doctor) degree from Yale Law School in 1967.

Career

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Ackerman 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.

Ackerman joined the faculty of University of Pennsylvania Law School in 1969.[6] 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. He regards himself as a legal pragmatist.[7] Some of Ackerman's notable students include legal scholars such as Akhil Reed Amar, Noah Feldman, Kenji Yoshino and politicians such as U.S. Representative Ro Khanna.

In 2026, he was awarded the Tang Prize in the category of "Rule of Law".[8]

Ackerman is listed as counsel in U.S. Army Captain Nathan Michael Smith's lawsuit against President Barack Obama.[9][10][11][12][13][14]

Scholarship

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Early work

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Ackerman's early scholarship focused on environmental policy, constitutional law, and political philosophy. His first major book, The Uncertain Search for Environmental Quality (1972), co-authored with Susan Rose-Ackerman, examined environmental policymaking in the United States.[15] He followed it with Private Property and the Constitution (1977), an analysis of constitutional protections for private property and government regulation.[16]

His work in political philosophy culminated in Social Justice in the Liberal State (1980), which developed a theory of liberal justice and explored the relationship between equality, liberty, and democratic government.[17] He later published Clean Coal/Dirty Air (1981), with William Hassler, on environmental regulation, and Reconstructing American Law (1984), which examined legal reasoning and the structure of American law.[18]

Constitutional theory

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Beginning in the late 1980s, Ackerman shifted his research to American constitutional development, resulting in the We the People trilogy: Foundations (1991), Transformations (1998), and The Civil Rights Revolution (2014).[2]

The series advances Ackerman's theory of "constitutional moments," arguing that major constitutional changes in the United States have occurred through periods of sustained democratic mobilization outside the formal amendment process established by Article V.[19] He identifies the Founding, Reconstruction, and the New Deal as key constitutional moments that reshaped the constitutional order. Closely associated with this work is his theory of dualist democracy, which distinguishes between ordinary politics and the exceptional periods in which citizens directly participate in fundamental constitutional change.[20]

Democratic reform

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Ackerman with Anne Alstott, co-authored The Stakeholder Society (1999), which proposed providing every young adult with a publicly funded capital grant to expand economic opportunity.[21]

Ackerman later co-authored Voting with Dollars (2002) with Ian Ayres, proposing publicly funded campaign vouchers to reduce the influence of private money in elections[22], and Deliberation Day (2004) with James Fishkin, which advocated a national holiday before presidential elections to encourage informed public discussion.[23]

Comparative constitutionalism

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His book The Future of Liberal Revolution (1992) explored the constitutional challenges facing post-communist states as they transitioned to democracy. He returned to the subject in Revolutionary Constitutions: Charismatic Leadership and the Rule of Law (2019), which examined constitutional development in countries including France, India, Iran, Israel, Italy, Poland, South Africa, and the United States, with particular attention to how revolutionary change can shape lasting constitutional systems.[24]

Personal life

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Ackerman is married to Susan Rose-Ackerman, also a professor at Yale Law School, who teaches classes on administrative law. Their son, John M. Ackerman, also an academic, lives and works in Mexico. Their daughter, Sybil Ackerman-Munson, is an environmentalist in Portland, Oregon.

Books

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His works include:

  • 1980: Social Justice in the Liberal State (ISBN 9780300024395)
  • 1991: We the People, Volume 1, Foundations (ISBN 9780674948419)
  • 1995: Is NAFTA Constitutional?, with David Golove (ISBN 9780674467125)
  • 1998: We the People, Volume 2, Transformations (ISBN 9780674003972)
  • 1999: The Stakeholder Society, with Anne Alstott (ISBN 9780300078268)
  • 2002: Voting with Dollars, with Ian Ayres (ISBN 9780300127010)
  • 2004: Deliberation Day, with James S. Fishkin (ISBN 978-0-300-10964-1)
  • 2005: The Failure of the Founding Fathers (ISBN 9780674023956)
  • 2006: Before the Next Attack: Preserving Civil Liberties in an Age of Terrorism
  • 2010: The Decline and Fall of the American Republic (ISBN 9780674057036)
  • 2014: We the People, Volume 3: The Civil Rights Revolution (ISBN 9780674050297)
  • 2018: Revolutionary Constitutions: Charismatic Leadership and the Rule of Law (ISBN 9780674970687)
  • 2024: The Postmodern Predicament: Existential Challenges of the Twenty-First Century (ISBN 9780300277098)

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.[25]

The Stakeholder Society served as a basis for the introduction of Child Trust Funds in the United Kingdom.[26][27][28]

See also

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References

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  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. doi:10.1093/icon/moz048. ISSN 1474-2659.
  2. 1 2 "Book of Members, 1780–2010: Chapter A" (PDF). American Academy of Arts and Sciences. Retrieved 1 April 2011.
  3. ↑ "The FP Top 100 Global Thinkers". Archived from the original on 2014-11-08. Retrieved 2017-03-05.
  4. ↑ "The world's top 50 thinkers for the Covid-19 age" (PDF). Prospect. 2020. Archived from the original (PDF) on 2020-09-07. Retrieved 2020-09-08.
  5. ↑ "Biographical Overview: Bruce Ackerman", at Yale Law website
  6. ↑ "Bruce Arnold Ackerman" (PDF) (Curriculum vitae). 1 April 2019. Archived from the original (PDF) on 2019-04-30. Retrieved 2019-04-30.
  7. ↑ Ackerman, Bruce (2007). "The Living Constitution". Harvard Law Review. 120 (7): 1737–1812. Retrieved 2024-11-28.
  8. ↑ Tang Prize 2026 - Rule of Law
  9. ↑ 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.
  10. ↑ Ackerman, Bruce (5 May 2016). "Is America's War on ISIS Illegal". The New York Times. pp. A25. Retrieved 12 May 2016.
  11. ↑ Ford, Matt (5 May 2016). "Is the U.S. War Against ISIS Illegal?". The Atlantic. Retrieved 12 May 2016.
  12. ↑ 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.
  13. ↑ Ackerman, Bruce (8 April 2017). "Trump Must Get Congress's O.K. on Syria". The New York Times. p. A25. Retrieved 20 October 2017.
  14. ↑ "Biden vs. Trump: The Makings of a Shattering Constitutional Crisis". POLITICO. February 2022. Retrieved 2023-04-24.
  15. ↑ "Bruce Ackerman". American Academy in Berlin. Retrieved 2026-08-07.
  16. ↑ "Book Review: Controlling Environmental Policy: The Limits of Public Law in Germany and the United States. By Susan Rose-Ackerman. New Haven, Conn.: Yale University Press, 1995". cjel.law.columbia.edu. Retrieved 2026-08-07.
  17. ↑ "Prof. Bruce Ackerman". The Federalist Society. 2017-09-08. Retrieved 2026-08-07.
  18. ↑ "Political Science Quarterly: Fall 1981: Review: Clean Coal, Dirty Air". www.psqonline.org. Retrieved 2026-08-07.
  19. ↑ Choudhry, Sujit (2008-04-01). "Ackerman's higher lawmaking in comparative constitutional perspective: Constitutional moments as constitutional failures?". International Journal of Constitutional Law. 6 (2): 193–230. doi:10.1093/icon/mon002. ISSN 1474-2640.
  20. ↑ Klarman, Michael J. (1992). Ackerman, Bruce (ed.). "Constitutional Fact/Constitutional Fiction: A Critique of Bruce Ackerman's Theory of Constitutional Moments". Stanford Law Review. 44 (3): 759–797. doi:10.2307/1228980. ISSN 0038-9765.
  21. ↑ Staff, Harvard Law News. "HLS Professor Anne Alstott on tax and social welfare policy". Harvard Law School. Retrieved 2026-08-07.
  22. ↑ "Regime Change | The Failure of the Founding Fathers". Claremont Review of Books. Retrieved 2026-08-07.
  23. ↑ "U.S. democracy faces unprecedented threat under Trump: Tang Prize laureate - Focus Taiwan". Focus Taiwan - CNA English News. 2026-06-18. Retrieved 2026-08-07.
  24. ↑ "Professor Bruce Ackerman Receives Tang Prize | Yale Law School". law.yale.edu. 2026-06-24. Retrieved 2026-08-07.
  25. ↑ Bruce Ackerman, The Living Constitution, 120 Harv. L. Rev. 1737 (2007).
  26. ↑ For a more extended consideration of his contributions over the course of his career, go to Biographical Overview: "Bruce Ackerman" at law.yale.edu
  27. ↑ 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).
  28. ↑ 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).
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