Bruce Ackerman

Bruce Ackerman is Sterling Professor of Law and Political Science at Yale, and the author of nineteen books in political philosophy, constitutional law, and public policy. He is a Commander of the French Order of Merit, a member of the American Law Institute and the American Academy of Arts and Sciences. The American Philosophical Society has awarded him the Henry Phillips Prize for lifetime achievement in Jurisprudence, especially noting his exploration of the great turning points in American constitutional history in his three volume series, We the People. His award-winning early work, Social Justice in the Liberal State, continues to provoke contemporary controversy.

His scholarship has had a global impact. He has been named a Leading Global Thinker by Foreign Policy magazine, and has been awarded an Honorary Doctorate from the University of Trieste, Italy, for his contributions to comparative constitutional law. Before the Next Attack (2006) served as a basis for the reform of the French constitution dealing with emergency powers. The Stakeholder Society (with Anne Alstott) has served as the basis for reform initiatives in Brazil, Britain, and elsewhere that guarantee every person a fair share of the nation’s wealth by providing them with a “citizen stake” consisting of a substantial cash grant as they reach maturity.

His recent book, Revolutionary Constitutions (Harvard: 2019) puts the worldwide constitutional crisis in historical perspective by comparing the postwar experience of countries as different as France, India, Iran, Italy, Israel, Poland, South Africa, and the United States — and suggests that these nations have a good deal to learn from one another in confronting the current assault on checks-and-balances. His arguments have generated a world-ranging discussion, provoking the publication of four Symposium volumes in which leading academics and jurists from around the world have greatly enriched comparative constitutional understanding. For the relevant volumes, see the curriculum vitae.

More recently, he has published The Postmodern Predicament (Yale: 2024), dealing with the fundamental ways the internet revolution is transforming the struggle for a meaningful life — from the very first moment that a youngster picks up his first cellphone. Ackerman argues that 20th-century existentialists, like Simone de Beauvoir and Jean-Paul Sartre, offer crucial insights into the shattering challenges of the internet age — and follows their lead in proposing a series of decisive reforms that promise to reduce — if not eliminate -- the clear and present danger to constitutional democracy in the postmodern world.

Read Professor Ackerman's Personal Biographic Statement¹.

May 12, 2025

Slate

The Drafters of a Key 1940s Law Feared an American Dictator. Trump Is Blowing That Law Up — A Commentary by Bruce Ackerman ’67 and Susan Rose-Ackerman ²

Bruce Ackerman ’67 is Sterling Professor of Law and Political Science at Yale. Susan Rose-Ackerman is Henry R. Luce Professor Emeritus of Law and Political Science and Professorial Lecturer in Law.

May 2, 2025

Frankfurter Allgemeine Zeitung (Germany)

“Trump Is Acting in a Profoundly Unconstitutional Fashion” ³

Sterling Professor of Law and Political Science Bruce Ackerman ’67 discussed the Trump administration’s agenda and constitutional law.

April 17, 2025

CNN

‘An Unprecedented Assault’: Legal Scholar Says White House Attacks on Harvard Are Threat to Democracy ⁴

Sterling Professor of Law and Political Science Bruce Ackerman ’67 discussed the Trump administration’s stance on higher education.

April 1, 2025

Alarabiya News (Saudi Arabia)

Trump Teases Extra Term, Le Pen Says French Far-Right Can Still Win 2027 ⁵

Sterling Professor of Law and Political Science Bruce Ackerman ’67 discussed presidential terms and the Constitution.

March 23, 2025

The Media Line

Th Case Against Mahmoud Khalil: Bold Legal Precedent or Executive Overreach? ⁶

Sterling Professor of Law and Political Science Bruce Ackerman ’67 examined constitutional rights and the arrest of Mahmoud Khalil.

March 18, 2025

The Independent

What Happens if Trump Continues to Defy Court Orders? ⁷

Sterling Professor of Law and Political Science Bruce Ackerman ’67 discussed President Trump’s defiance of court orders.

March 18, 2025

The Sydney Morning Herald

‘One Heck of a Stretch’: White House Argues Judge’s Verbal Orders Don’t Count ⁸

Sterling Professor of Law and Political Science Bruce Ackerman ’67 discussed President Trump’s defiance of court orders.

February 13, 2025

The Guardian

Trump’s Illegitimate Power Grab Brings U.S. Closer to Dictatorship ⁹

Sterling Professor of Law and Political Science Bruce Ackerman ’67 analyzed presidential power.

February 10, 2025

The New York Times

Welcome to America’s Fourth Great Constitutional Rupture ¹⁰

Sterling Professor of Law and Political Science Bruce Ackerman ’67 was cited about the transformation of constitutional order.

January 26, 2025

Morning Shot (OMNY)

How Many of Trump’s Executive Orders Will Make It Through ¹¹

Sterling Professor of Law and Political Science Bruce Ackerman ’67 discussed the executive actions signed by President Trump during his first week in office.

Books

Revolutionary Constitutions, Harvard University Press: May, 2019

When Melvin the Camel Meets Donald Trump (with Cody Visnick), 2017

We the People, Vol. 3: The Civil Rights Revolution, Harvard University Press: (2014)

The Decline and Fall of the American Republic
Harvard University Press: 2010

Before the Next Attack
Yale University Press: 2006.

The Failure of the Founding Fathers
Harvard University Press: 2005.

Deliberation Day (with James Fishkin)
Yale University Press: 2004.

Voting with Dollars (with Ian Ayres)
Yale University Press: 2002.

The Stakeholder Society (with Anne Alstott)
Yale University Press: 1999.
(German translation: Campus, 2001).

La Politica del Dialogo Liberal
Gedisa: 1999

The Case Against Lameduck Impeachment
Seven Stories Press: 1999.

We the People, Vol 2: Transformations
Harvard University Press: 1998. (Chinese: Law Press China, 2003).

Is NAFTA Constitutional? (with David Golove)
Harvard University Press: 1995.

The Future of Liberal Revolution
Yale University Press: 1992. German: Ein neuer Anfang fuer Europa, Siedler: 1993. Spanish: Ariel, 1995. Polish: Terminus, 1996.

We the People, Vol 1: Foundations
Harvard University Press: 1991. French: Au Nom du Peuple, Calmann-Levy, 1998.

Reconstructing American Law
Harvard University Press: 1984. Spanish: Del Realismo Al Constructivismo Juridico, Ariel: (1989)

Clean Coal/Dirty Air (with Hassler)
Yale University Press: 1981.

Social Justice in the Liberal State
Yale University Press: 1980. Italian: Il Mulino, 1984; Spanish: Centro de Estudios Constitutionales, 1993.

Private Property and the Constitution
Yale University Press: 1977.

The Uncertain Search for Environmental Quality (with Rose-Ackerman, Sawyer and Henderson)
Free Press: 1974

Edited Volumes

Stephen Skowronek, Stephen Engel & Bruce Ackerman eds., The Progressives' Century: Democratic Reform and Constitutional Government in the United States, Yale University Press: 2016
Bruce Ackerman, Anne Alstott, and Philippe van Parijs eds., Redesigning Distribution, Verso: 2005
Editor, Bush v. Gore: The Question of Legitimacy, Yale University Press: 2002.
Editor, Economic Foundations of Property Law, Little Brown: 1975 (2d ed. with Robert Ellickson and Carol Rose, 1995; 3rd ed. 2002).

Articles

Scholars Letter: It’s Time to End Life Tenure on the Supreme Court, Supreme Court Term Limits, July 8, 2019
Is Britain ready for a constitutional convention? A rejoinder¹², The Political Quarterly (2018).
States of Emergency, in Cass Sunstein ed., Can It Happen Here? (HarperCollins 2018)
Why Britain Needs a Written Constitution—and Can't Wait for Parliament to Write One, Political Quarterly (2018).
Good-bye Montesquieu, in Susan Rose-Ackerman & Peter Lindseth eds., Comparative Administrative Law (2d ed. 2016)(revised version of essay)..
Britain at the Constitutional Crossroads¹³ (British Academy. December 2, 2016).
Reorganizing NATO: Europe’s Last Chance to Preserve Fundamental Rights¹⁴, The European Commission for Democracy (Venice Commission) (2016).
What is to be Done?¹⁵ in Stephen Skowronek, Stephen Engel & Bruce Ackerman, eds. The Progressives' Century: Democratic Reform and Constitutional Government in the United States, Yale University Press (2016).
Reactionary Constitutional Moments: Further Thoughts on The Civil Rights Revolution¹⁵, Jerusalem Review of Legal Studies (2016).
Three Paths to Constitutionalism – and the Crisis of the European Union¹⁶, 45 British Journal of Political Science 705 (2015) . Japanese translation: Horitsu Jiho (April 2015); French translation (June 2018) : Le Grande Continent.
Preface, Deliberation Day (with James Fishkin), Japanese edition: 2015.
A Third Founding: Part One -- The Twentieth Century Achievement (Reply to the Symposium on We the People, Volume Three: The Civil Rights Revolution), Balkinization (May 20, 2014)¹⁷
A Third Founding: Part Two -- Fidelity or Betrayal? (Reply to the Symposium on We the People, Volume Three: The Civil Rights Revolution), Balkinization (May 22, 2014)¹⁸
De-Schooling Constitutional Law, 123 Yale Law Journal 3104 (2014).
Reviving Democratic Citizenship¹⁹, 41 Politics and Society 309 (2013).
Interview with Bruce Ackerman in James R. Hackney, Legal Intellectuals in Conversation, pp. 189-204 (2012).
Preface, We the People: Foundations (Chinese edition: The Collected Works of Bruce Ackerman) (2013)
Using the Internet to Save Journalism from the Internet, in Axel Gosseries & Yannick Vanderborght eds., Arguing About Justice: Essays for Philippe Van Parijs (2011)
Goodbye Montesquieu, in Susan Rose-Ackerman & Peter Lindseth eds., Comparative Administrative Law pp. 128-33 (2011).
The Decline and Fall of the American Republic: Obama’s Libyan Intervention²⁰, Max Weber Lecture, European University Institute (May 2011)
Tres hipotesis sobre las proxima crisis constitutional, El Cronista 4-19 (April 2011)
Lost Inside the Beltway: A Response to Professor Morrison, 124 Harvard Law Review Forum 13 (2011)²¹
One Click Away: The Case for the Internet News Voucher, in Robert McChesney & Victor Pickard eds., Will the Last Reporter Please Turn Out the Lights: The Collapse of Journalism and What Can Be Done to Fix It 299-306 (2011).
Beyond Presentism, 1 J. of Law 185 (2011)²²
It Can Happen Here, (Response to Review Symposium: Decline and Fall of the American Republic), Balkinization (October 21, 2010)²³
Limited War and the Constitution²⁴, (with Oona Hathaway), 109 Michigan Law Review 447 (2011).
The United States Should Adopt an “Emergency Constitution” to Preserve Civil Liberties in an Age of Terrorism, in Richard Ellis & Michael Nelson eds., Debating Reform (2010).
The Citizenship Agenda, in Jack Balkin & Reva Siegel eds., The Constitution in 2020 pp. 109-18 (Oxford University Press: 2009).
My Debt to Mirjan Damaska, 118 Yale L.J. Pocket Part 171 (2009).²⁵
Canonizing the Civil Rights Revolution: The People and the Poll Tax²⁶ with Jennifer Nou), 103 Nw. U. L. Rev 63 (2009).
Populismus heisst Angst vor dem Volk, in Die Alte und die Neue Welt (Scherer and Arnold eds., 2008).
Préparer la gestion de l’urgence : pour une «Emergency Constitution», Archives de Philosophie du droit (2007).
The Holmes Lectures: The Living Constitution, 120 Harvard Law Review 1727 (2007).²⁷
Meritocracy v. Democracy (on the reform of the House of Lords), 29 London Review of Books 9 (March 8, 2007).²⁸
The Secret Refund Booth (with Ian Ayres), 73 U. Chicago Law Review 1107 (2006).²⁹
Interpreting the Women’s Movement, 94 California Law Review 1421 (2006).³⁰
Les pouvoirs d’exception a l’age du terrorisme, Esprit 150-164 (August-September 2006)
Keynote Address: Terrorism and the Constitutional Order, 75 Fordham L. Rev. 475 (2006).
The Stealth Revolution Continued, London Review of Books p. 18 (February 9, 2006).³¹
The Art of Stealth, London Review of Books, vol. 27, no. 4, pp. 3-9 (Feb 17, 2005),³² (translated as La Bataille pour la Cour Supreme, Le Debat No. 143 (January-February 2007).
Em Defesa de uma Heranca Social de Cidadania, in Joao Cardoso Rosas ed., Ideias e Politicas para o Nosso Tempo, pp. 25-40 (2004).
This is Not a War, Yale Law Journal, vol. 113, pp. 1871-1909 (2004).³³
Thomas Jefferson Counts Himself Into the Presidency (with David Fontana), (with David Fontana), University of Virginia Law Review, vol. 90, pp. 551-643 (2004).³⁴
The Emergency Constitution, Yale Law Journal vol. 113, pp. 1029-1091 (2004).³⁵
The Case for Stakeholding, Verso Nuove Forme di Welfare (Centro Nazionale di Prevenzione e Difesa Sociale, 2003).
Hope and Fear in Constitutional Law, in Erik Oddvar Eriksen, John Erik Fossum and Agustín José Menéndez, A Constitution for Europe, (2004).(advocating stakeholding as an entitlement of European citizenship.)
Why a New Paradigm?, U. Richmond L. Rev., vol. 37, pp. 1147-1184 (2003) (with Ian Ayres).³⁶
And Now for the Bad News, in Janos Kornai & Susan Rose-Ackerman eds., Building a Trustworthy State in Post-Socialist Transition, pp. 21-22 (2004).
Macro-freedom (with Anne Alstott) in Ackerman, Alstott &Van Parijs et. al Rethinking Distribution pp. 209-16 (2006).
Why Stakeholding? (with Anne Alstott) , in Ackerman, Alstott &Van Parijs et. al, Rethinking Distribution pp. 43-65 (2006); .preprinted in Politics & Society vol. 32, pp. 41-60 (2004).
Radical Liberalism, in Keith Dowding, Jurgen de Wispelaere & Stuart White eds., The Ethics of Stakeholding (London: Macmillan, 2005).
The Case for Stakeholding, Diacritica (Universidade do Minho, Portugal), vol. 17, pp. 217-228 (2003).
The New Paradigm Reconsidered, Calif. L. Rev. vol. 91, pp. 743-68 (2003) (with Ian Ayres).³⁶
Deliberation Day, Journal of Political Philosophy , vol. 10, pp. 129-52 (2002) (with James Fishkin)³⁷; reprinted in James Fishkin and Peter Laslett, Debating Deliberative Democracy pp. 7-30 (2003)
Off-Balance, in Bruce Ackerman ed., Bush v. Gore: The Question of Legitimacy (Yale Univ. Press: 2002).
Revised Opinion for Brown v. Board of Education, in Jack Balkin ed., What Brown v. Board of Education Should Have Said, pp. 100-23 (NYU Press: 2001).
$80,000 and a Dream: A Simple Plan for Generating Equal Opportunity, The American Prospect pp. 25-27 (July 17, 2000) (with Anne Alstott).
The New Separation of Powers, Harvard Law Review vol.113, pp.633-729 (2000)³⁸. (Italian: Carocci (2003); Chinese: Constitutionalism Review, vol. 3, pp. 600-704 (2003); Spanish (2004), Chinese (2006)).
O Novo Constitucionalismo Mundial, in Margarida Maria Lacombe Camargo, 1988-1998, Uma Decada de Constituicao (1999).
Constitutional Economics/Constitutional Politics,10 Constitutional Political Economy 415(1999).³⁹
Your Stake in America (with Anne Alstott), 41 Arizona L. Rev. 249 (1999).⁴⁰
Should Opera Be Subsidized? and Riposte: Lighten Up! Dissent 89 (Summer 1999).
Revolution on a Human Scale, Yale Law Journal vol.108, pp.2279-2349 (1999).⁴¹
Taxation and the Constitution, Columbia Law Review vol.99, pp. 1-67 (1999).⁴²
Testimony Before the U.S. House Judiciary Committee on the Impeachment of President Clinton, 32 PS [Political Science and Politics] pp. 24, 29-31 (March 1999)
The Broken Engine of Progressive Politics, The American Prospect, pp. 34-43 (May-June 1998)
Temporal Horizons of Justice, Journal of Philosophy, vol. 94, pp. 299-317 (1997).⁴³
The Rise of World Constitutionalism, University of Virginia Law Review, vol. 83, pp. 771-797 (1997)⁴⁴ [reprinted as Dean’s Occasional Paper, Yale Law School (October, 1997)]; Chinese: Nanjing Univ. Law Rev. 10-27 (2001).
A Generation of Betrayal? Fordham Law Review, vol. 45, pp. 1519-36 (1997).⁴⁵
An Open Letter to Congressman Gingrich, (endorsed by 16 other law professors), Yale Law Journal, vol. 104, pp. 1539-44 (1995).⁴⁶
The Next American Revolution in Austin Sarat ed. Identities, Politics and Rights, pp. 403-23 (University of Michigan Press, 1995)
Our Unconventional Founding, (with Katyal) University of Chicago L. Rev. vol. 62, pp. 475 ff. (1995).⁴⁷
Is NAFTA Constitutional? (with Golove) Harvard Law Review, vol. 108, pp. 799-929 (1995).⁴⁸
La democratie dualiste, 1789 et l'Invention de la Constitution (eds. Michel Troper and Lucien Jaume) pp. 191-204 (LGDJ-Bruylant, 1994)
The Political Case for Constitutional Courts, in, Liberalism Without Illusions (ed. Bernard Yack) pp. 205-19 (U. Chi. Press, 1995)
Political Liberalisms, Journal of Philosophy, vol. 91, pp. 364-86 (1994) ; reprinted in Shaun Young ed., Political Liberalism: Variations on a Theme (2004).⁴⁹
Higher Lawmaking, in Responding to Imperfection: The Theory and Practice of Constitutional Amendment (ed. Sanford Levinson), pp. 63-87 (Princeton University Press, 1995).
Rooted Cosmopolitanism, Ethics, vol. 104, pp. 516-35 (1994).⁵⁰
Crediting the Voters: A New Beginning for Campaign Finance, American Prospect pp. 71-80 (Spring, 1993). (Italian: Politica del Diritto, vol. 24, pp. 647-664 (1993));⁵¹ reprinted in Burnham, The American Prospect: Reader in American Politics, pp. 218-31 (1994)
Von der Revolution zur Verfassung, Transit: Europaische Revue, vol. 4, pp. 46-61 (1992)
Liberating Abstraction, U. of Chicago Law Review, vol. 59, pp. 317-348 (1992); reprinted in Stone, Epstein, & Sunstein, The Bill of Rights in the Modern State pp. 317-348 (U. Chi. Press, 1992).⁵²
The Lost Opportunity, in Tel Aviv University Studies in Law, vol 10, pp. 53-68 (1991).⁵³
Die Zukunft der Liberalen Revolution, Die Neue Gesellschaft/Frankfurter Hefte, vol. 39, no. 3. pp.221-231 (1992).
The Common Law Constitution of John Marshall Harlan, New York Law School Law Review, vol 36, pp. 5-32 (1991).⁵⁴
Robert Bork's Grand Inquisition, Yale Law Journal, vol. 92 pp. 1419-39 (1990); The Grand Inquisitor, The American Prospect, vol. 1, no. 2, pp. 106-114 (1990).⁵⁵
Constitutional Politics/Constitutional Law, Yale Law Journal, vol. 89, pp. 453-546 (1989).⁵⁶
Neutralities, in Liberalism and the Good (ed. by Douglass, Mara, & Richardson) pp. 29-43 (1990).
A Reforming Environmental Law : The Democratic Case for Market Incentives, Columbia Journal of Environmental Law (with Richard Stewart) vol. 13, pp. 171-199 (1988).⁵⁷
Why Dialogue?, Journal of Philosophy, vol. 86, pp. 5-22 (1989)⁵⁸ (Italian: Teoria Politica (1989); German: Akten Des 12, Internationalen Wittgenstein Symposiums pp. 25-35 (1988)); Dutch: Von den Brink & Von Reijen, Het Recht Van De Moraal pp. 67-84 (1994); Spanish: Metapolitica vol. 2, no. 6, pp. 207-22 (1998)).
Transformative Appointments, Harvard Law Review, vol. 101, pp. 1164-1184 (1988)⁵⁹
Neo-Federalism? in Jon Elster (ed.), Constitutionalism and Democracy (Cambridge Univ. Press: 1988)
Law, Economics, and the Problem of Legal Culture, Duke Law Journal, vol. 6, pp 929-947 (1986)⁶⁰ (Italian: Rivista Critica di Diritto Privato); (German: Schäfer and Wehrt eds., Die Ökonomisierung der Sozialwissenschaften [Campus: 1988]).
Deux Sortes de Recherches en Droit et Economie, in Revue de la Recherche Juridique: Droit Prospectif (Presses Universitaires d'Aix-Marseille: 1986)
Reforming Environmental Law (with Richard Stewart), Stanford Law Review, vol. 37, pp. 1333-1365 (1985)⁶¹
Cost Benefit and the Constitution, in Roger Noll (ed.), Regulatory Policy and the Social Sciences, pp. 351-357 (1985)
Foreword: Talking and Trading, Columbia Law Review, vol. 85, pp. 899-903 (1985).⁶²
Toward a Theory of Statutory Evolution: The Federalization of Environmental Law (with Donald Elliott and John Millian), Journal of Law, Economics, Organization, Vol. 1, pp. 313-340 (1985).⁶³
Beyond Carolene Products, Harvard Law Review, vol. 98, pp. 713-46 (1985), ⁶⁴(Chinese: Selected Essays on Constitutional Law from the Harvard Law Review: 2005)
Storrs Lectures: Discovering the Constitution, Yale Law Journal, vol. 93, pp. 1013-1072 (1984)⁶⁵
Canada at the Constitutional Crossroads (with Robert Charney), University of Toronto Law Journal, vol. 34, pp. 117-135 (1984)⁶⁶
Foreword: Law in an Activist State, Yale Law Journal, vol. 92, pp. 1-45 (1983) ⁶⁷(Dutch: Het recht in een activistische staat, Staatkundig jaarboek, 1983-1984, pp. 313-328, Leiden, December 1983).
On Getting What We Don't Deserve, Social Philosophy and Policy, vol. 1, pp. 60-70 (1983).
What is Neutral about Neutrality?, Ethics, vol. 93, pp. 372-390 (1983)⁶⁸
Beyond the New Deal: Reply (with William T. Hassler), Yale Law Journal, vol. 90, pp. 1412-1434 (1981)⁶⁹
The Marketplace of Ideas, Yale Law Journal, vol. 90, pp. 1131-1148 (1981)⁷⁰
Beyond the New Deal: Coal and the Clean Air Act (with William Hassler), Yale Law Journal, vol. 89, pp. 1466-1571 (1980)⁷¹
Four Questions for Legal Theory, Nomos, vol. 22, pp. 351-375 (1980)
The Structure of Subchapter C: An Anthropological Comment, Yale Law Journal, vol. 87, pp. 436-446 (1977)⁷²
The Jurisprudence of Just Compensation, Environmental Law, vol. 7, pp. 509-519 (1977)⁷³
Law and the Modern Mind, Daedalus, pp. 119-131 (1974)
The Uncertain Search for Environmental Policy: Part I with James Sawyer), University of Pennsylvania Law Review, vol. 120, pp. 419-503 (1972); Part II (with Rose-Ackerman and Henderson), University of Pennsylvania Law Review, vol. 121, pp. 1225-1308 (1973).⁷⁴
More on Slum Housing and Redistribution Policy, Yale Law Journal, vol. 82, pp. 1194-1207 (1973)⁷⁵
Regulating Slum Housing Markets on Behalf of the Poor, Yale Law Journal, vol. 80, pp. 1093-1197 (1971)⁷⁶

Occasional Essays

Why are “Liberal Democrats” Leading the Constitutional Campaign Against the Wealth Tax?, The American Prospect, November 18, 2019
John Roberts Won't Let Mitch McConnell Derail a Trump Impeachment Trial, Slate, October 21, 2019
Why Trump’s Play is Blatantly Unconstitutional, Politico, July 11, 2019
Scholars Letter: It's Time to End Life Tenure on the Supreme Court, Supreme Court Term Limits, July 8, 2019
It’s Time to End Life Tenure on the Supreme Court, Campaign for Supreme Court Term Limits, July 8, 2019
La Cour suprême brésilienne a le devoir de libérer Lula et d’annuler sa condamnation, Le Monde, June 25, 2019(The Brazilian Supreme Court Has the Duty to Free Lula from Prison and Annul His Conviction)
Legal Scholars' Letter on Initiating a Congressional Lawsuit to End Illegal U.S. Role in Yemen War, The Volokh Conspiracy, June 10, 2019
Mueller is Right: It’s Up to Congress to Act, and Impeachment Isn’t the Only Option, Los Angeles Times, May 29, 2019
Trump's Own Trade Deal Would Make His Proposed Border Closure Unlawful, Slate, April 2, 2019
Interview with Bruce Ackerman, Gazeta Wyborcza, March 6, 2019
The Constitutional Critiques of Elizabeth Warren’s Wealth Tax Plan Are Absurd⁷⁷, Slate, February 19, 2019
No, Trump Cannot Declare an ‘Emergency’ to Build His Wall⁷⁸, New York Times, January 5, 2019
Trust in the Justices of the Supreme Court is Waning. Here are Three Ways to Fortify the Court⁷⁹, Los Angeles Times, December 20, 2018
Face à Trump, comment l’Europe peut protége l’OTAN⁸⁰, Le Monde, December 18, 2018
(English Translation: How Europe Can Save NATO from Trump)
The President Has Entirely Too Many Lawyers (And Not Just This President)⁸¹, White House Watch, October 18, 2018
The cooperation of Polish and American defenders of constitutional democracy is the foundation of Polish national security⁸², Gazeta Wyborcza, October 17, 2018
Withheld Kavanaugh Documents Are a Constitutional Crisis in the Making⁸³, Huffington Post, September 5, 2018
Trump Can’t Make War Whenever He Like⁸⁴s, New York Times, April 16, 2018
How to Have a Serious Referendum on Brexit and Avoid a Rerun of the Original⁸⁵ (with Sir Julian Legrand), LSE British Public Policy, March 31, 2018
The President Has Too Much Power to Make War,⁸⁶ Lit Hub, March 8, 2018
Presidential Lawlessness: The Case for Fundamental Reform⁸⁶, Public Books, February 26, 2018
Here’s a Campaign Finance Law that Would Take Democracy Back from the 1 Percent⁸⁷ (with Ro Khanna), The Sacramento Bee, January 29, 2018
How to Stop Trump Blowing It Up⁸⁸, New York Reiview of Books, November 28, 2017
Smith v. Trump In the D.C. Circuit: A Guided Tour of the Oral Argument⁸⁹, Lawfare, November 1, 2017
The Case for Constitutional Reform in Poland⁹⁰, Yale Global Online, September 28, 2017
Unilateral Rocket Man⁹¹, Slate, September 21, 2017
A Democratic Answer to the Tragedy in Barcelona?⁹² (with Antoni Abat I Ninet), El Pais, August 23, 2017 (English version, August 27, 2017).
Congress Should Go Immediately Into Special Session And Stop Trump’s Brinkmanship⁹³, Huffington Post, August 16, 2017
Les Précédents Présidents Étaient des Personnes Sérieuses. Donald Trump ne L’est Pas, Le Nouvel Ordre Mondial, July 11, 2017.
The Worst Thing About Trump Jr.‘s Revelations⁹⁴, Canadian TV, July 10, 2017
Will Congress Cede Its War-Making Authority to Trump?,⁹⁵ The Atlantic, June 20, 2017
Four More Years?⁹⁶, Huffington Post, May 19, 2017
Trump Must Get Congress’s O.K. on Syria⁹⁷, New York Times, April 7, 2017
"Mentiras de Trump Acirram Alienação Nos EUA⁹⁸," Folha de S. Paulo, March 12, 2017
If 'We Don't Win Anymore,' Why Does Trump Keep Promoting Generals?⁹⁹ Los Angeles Times, March 1, 2017
“La Izquierda Carece de Programa Político Para el Siglo XXI”¹⁰⁰, Ct-xt-esp, February 15, 2017
Der neue Nato-deal¹⁰¹, Süddeutsche Zeitung, January 9, 2017 (English translation: Yale MacMillan Center, Romanian Translation: România Curată)
Es ist Wirklich Ernst¹⁰², Die Zeit, December 15, 2016
Britain at the Constitutional Crossroads¹⁰³, Prospect, December 7, 2016
What Happens to NATO Now?¹⁰⁴, The Atlantic, November 21, 2016
Is Obama Enabling the Next President to Launch Illegal Wars?¹⁰⁵, The Atlantic, August 24, 2016
French Translation¹⁰⁶: Jus Politicum (September 2, 2016)
How Hillary Can Join the Revolution¹⁰⁷ (with Anne Alstott), Huffington Post, June 7, 2016
Is America’s War on ISIS Illegal?¹⁰⁸, New York Times, May 4, 2016
A Presidential Run by Michael Bloomberg Could Plunge the Country into a Constitutional Crisis¹⁰⁹, Los Angeles Times, February 25, 2016
Obama is Poland’s Only Hope¹¹⁰ (with Maciej Kisilowski), Foreign Policy, January 21, 2016
Hollande’s War Talk Gives Islamic State What it Wants Most¹¹¹, Los Angeles Times, November 20, 2015
La guerra all'Isis legittima il Califfo, Lettera 43, November 18, 2015
Democracy Dollars’ Can Give Every Voter a Real Voice in American Politics¹¹² (with Ian Ayres), Washington Post, November 5, 2015
Cry ‘Havoc’ and Let Slip the Constitution of War¹¹³ (with Tokujin Matsudaira), Foreign Policy, September 29, 2015
The Lawless Presidency of Marco Rubio—A Reply to Professor Ku¹¹⁴ (with David Golove), Opinio Juris, September 16, 2015
Can the Next President Repudiate Obama’s Iran Agreement?¹¹⁵ (with David Golove), The Atlantic, September 10, 2015
Can the Supreme Court Force Congress to Own the War on ISIS?¹¹⁶, The Atlantic, August 25, 2015
Germany’s Failure of Vision¹¹⁷, New York Times, July 9, 2015
La Grèce masque la vraie crise de l’Europe, Le Monde, June 22, 2015
Britain Should Deliberate Before It Votes on Europe¹¹⁸ (with James Fishkin). Huffington Post, June 17, 2015
In Supreme Court Redistricting Case, It's the 'Whole Number of Persons, Los Angeles Times, May 29, 2015.
John Roberts' Trail-Blazing Campaign Reform (with Ian Ayres), The Atlantic, May 7, 2015.
What Shinzo Abe Wants from Washington – And Why He Shouldn’t Get It¹¹⁹, Huffington Post, April 22, 2015
Hillary Clinton’s Bad Beginning¹²⁰, Huffington Post, April 13, 2015.
(Portuguese translation: Huff Post, Brasil)
Europa, hilf dir selbst! (Europe, Take Care of Yourself!), Sueddeutsche Zeitung, February 21/22, 2015.
Congress, Don’t Be Fooled; Obama Still Believes in Unlimited War¹²¹, New York Times, February 11, 2015
What We Can Learn From the French About Terrorism¹²², Huffington Post, January 9, 2015
Like the Emancipation Proclamation¹²³, Obama’s Order Forces Democracy, Los Angeles Times, November 23, 2014
Obama’s Illegal War¹²⁴, Washington Post, November 5, 2014
How Nancy Pelosi Can Force Congress to Vote on the War Against ISIS,¹²⁵ Huffington Post, October 3, 2014
How Congress Cut and Ran on Syria¹²⁶, Politico, September 23, 2014
Obama’s Betrayal of the Constitution¹²⁷, New York Times, September 12, 2014
Europe Needs to Provide for its Own Defense¹²⁸, Los Angeles Times, September 9, 2014
CIA v. Senate: The Constitution Demands Action¹²⁹, Los Angeles Times, August 6, 2014
America’s Tragic Turn in Germany and Japan¹³⁰, Huffington Post, July 15, 2014
(German translation¹³¹: Huffington Post)
(Japanese translation¹³²: Huffington Post)
(Chinese translation¹³³: Huffington Post)
Dishonest Abe¹³⁴ (with Tokujin Matsudaira), Foreign Policy, June 24, 2014
Obama Should Not Let Europe Slip Away¹³⁵, Washington Post, May 30, 2014
Dr. King Showed Faith in Government¹³⁶, Philadelphia Inquirer, May 11, 2014
Was Martin Luther King Wrong?¹³⁷, Los Angeles Times, April 28, 2014
All Eyes on Obama¹³⁸ (with Ian Ayres), Slate, April 4, 2014
Dignity Is A Constitutional Principle¹³⁹, New York Times, March 30, 2014
Presidential Power Grabs: Their Causes and Cure¹⁴⁰, Huffington Post, February 10, 2014
Obama’s NSA Blind Spot¹⁴¹, Los Angeles Times, January 26, 2014.
The White House Begs the Question on Mass Surveillance¹⁴², Huffington Post, December 26, 2013
Indefinite Extension¹⁴³, Foreign Policy, November 25, 2013
Making Up With Europe¹⁴⁴, Los Angeles Times, November 6, 2013
Republican Peter King Takes the Lead¹⁴⁵, Huffington Post, October 13, 2013
Canceling the Shutdown, Playing by the Rules¹⁴⁶, Los Angeles Times, October 4, 2013
Surveillance and the FISA Court¹⁴⁷, Los Angeles Times, September 24, 2013
Why Legal Education Should Last For Three Years¹⁴⁸, Washington Post, September, 6 2013
Bait and Switch¹⁴⁹, Foreign Policy, September 3, 2013
How the Internet Can Save Journalism¹⁵⁰, Huffington Post, August 7, 2013
Breach or Debate, Foreign Policy, August 1, 2013
To Save Egypt, Drop the Presidency, New York Times, July 11, 2013¹⁵¹
Oversight Now, Foreign Policy, Foreign Policy, June 11, 2013¹⁵²
Send Judges to Guantanamo, Then Shut It (with Eugene Fidell), New York Times, May 3, 2012¹⁵³
The Supreme Court's War on the Twentieth Century, Huffington Post, January 31, 2013¹⁵⁴
A Militarized Japan? (with Tokujin Matsudaira), Los Angeles Times, January 11, 2013¹⁵⁵
A New Route Around the Fiscal Cliff (with Yair Listokin), Huffington Post, December 12, 2012¹⁵⁶
Tax Reform? We Need a Revolution, Los Angeles Times, November 18, 2012¹⁵⁷
Election Bosses (with Ian Ayres), Slate, November 2, 2012¹⁵⁸
How Obama Might Still Inspire, Huffington Post, September 27, 2012¹⁵⁹
Broken Bond (with Miguel Maduro), Foreign Policy, September 17, 2012¹⁶⁰
Secret Laws Are Oxymorons, The Economist, July 24, 2012 at http://www.economist.com/blogs/democracyinamerica/2012/07/bruce-ackerman-presidential-power¹⁶¹
Texas’ Poll Tax in Disguise (with Jennifer Nou), Los Angeles Times, July 16, 2012
Roberts Raises the Election Years Stakes, Huffington Post, June 29, 2012¹⁶²
Protect, Don't Prosecute, Leakers Who Defend Our Constitution, New York Times, June 13, 2012¹⁶³
We the People Rise Again, Slate, June 4, 2012¹⁶⁴
Eduardo Saverin Controversy: Slam the Door on Tax Refugees, Los Angeles Times, May 18, 2012¹⁶⁵
Payback for a Facebook Tax Refugee, Los Angeles Times, May 16, 2012¹⁶⁶
Elect-Your-Match: Computer Dating Hits the Presidential Race! (with Danieli Evans), Huffington Post, May 3, 2012¹⁶⁷
President Obama: Don’t Go There, Washington Post, April 20, 2012¹⁶⁸
Nixon In Iran?, Huffington Post, March 19, 2012¹⁶⁹
The Legal Case Against Attacking Iran, Los Angeles Times, March 5, 2012¹⁷⁰
Reconstructing Citizenship for the Twenty First Century, an Interview with Bruce Ackerman, La Vie des Idees, March 5, 2012¹⁷¹
How Congress Can Overrule Citizens United (with Ian Ayres), Huffington Post, February 9, 2012¹⁷²
Recess Appointments: Release the Legal Advice, Wall Street Journal, January 11, 2012¹⁷³
Washington Standoff, Los Angeles Times, January 6, 2012¹⁷⁴
A Christmas Present for the Pentagon, Slate, December 28 2011¹⁷⁵
A United States of Europe?, Los Angeles Times, December 14, 2011¹⁷⁶
The Law School Experience [letter], New York Times, December 5, 2011¹⁷⁷
Supreme Court’s Obamacare Ruling Will Politicize Judicial Process, Daily Beast, November 15, 2011¹⁷⁸
Occupying the First Amendment (with Yochai Benkler), Huffington Post, October 21, 2011¹⁷⁹
Democratizing Wall Street? (with Anne Alstott), Huffington Post, October 12, 2011¹⁸⁰
Obama’s Death Panels, Foreign Policy, October 7, 2011¹⁸¹
Class Warfare? (with Anne Alstott), Huffington Post, September 27, 2011¹⁸²
Why (and How) To Tax the Super-Rich, Los Angeles Times, September 20, 2011 (with Anne Alstott)¹⁸³
Mission Accomplished. Finally. Foreign Policy, September 7, 2011¹⁸⁴
Crisis, What Crisis, Slate, July 29, 2011¹⁸⁵
Obama’s Flawed Legal Reasoning and How to Fix It, The Daily Beast, June 28, 2011¹⁸⁶
Legal Acrobatics, Illegal War, New York Times, June 21, 2011¹⁸⁷
How to Resolve the War Powers Impasse (with Hathaway), Guardian, June 3, 2011¹⁸⁸
Obama’s Illegal War (with Hathaway), Foreign Policy, June 1, 2011¹⁸⁹
Death of the War Powers Act? (with Hathaway), Washington Post, May 17, 2011 ¹⁹⁰
The World After Bin-Laden (with Hathaway), Washington Post, May 3, 2011¹⁹¹
Private Manning’s Humiliation (with Benkler), The New York Review of Books, April 28, 2011
Bradley Manning’s Inhumane Treatment (with Benkler), Guardian, April 11, 2011¹⁹²
The Constitutional Clock is Clicking on Obama’s War (with Hathaway), Foreign Policy, April 6, 2011¹⁹³
Obama’s Unconstitutional War, Foreign Policy, March 24, 2011¹⁹⁴
It’s Not Up to the President to Impose a No Fly Zone Over Libya, Huffington Post, March 9, 2011¹⁹⁵
Parliament to the Rescue, Foreign Policy, March 1, 2011¹⁹⁶
Did Congress Approve America’s Longest War? (with Oona Hathaway), The Guardian, January 23, 2011 ¹⁹⁷Obama Contre-Attaque, Le Monde, January 11, 2011
Obama Contraataca, El Pais, January 7, 2011¹⁹⁸the
Filibuster Reform Both Parties Could Agree On, Wall Street Journal, January 4, 2011¹⁹⁹
The Ultra-Imperial Presidency, Miller-McCune Magazine, December 16, 2010²⁰⁰
Charging Julian Assange Could Be Unconstitutional (with Sara Aronchick Solow), The Guardian, December 10, 2010²⁰¹
The Interview: Bruce Ackerman on the Decline and Fall of the American Republic, France 24 (television), December 6, 2010²⁰²
Decline and Fall of the American Republic: Six Questions for Bruce Ackerman, by Scott Horton, Harper’s Magazine, November 23, 2010²⁰³
Obama contra-ataca, Diario de Noticias, November 17, 2010²⁰⁴
Is the Lame-duck Congress Constitutional?, Washington Post, November 12, 2010²⁰⁵
The Dangers of an Imperial Presidency, Los Angeles Times, November 4, 2010²⁰⁶
Dangers of a Politicized Presidency, Washington Post, October 1, 2010²⁰⁷
Obama, Warren, and the Imperial Presidency, Wall Street Journal, September 22, 2010²⁰⁸
The Radical Presidency, Foreign Policy, September 16, 2010²⁰⁹
At the Crossroads, London Review of Books, September 9, 2010.²¹⁰
What Obama Should Say (with Oona Hathaway), Huffington Post, August 30, 2010.²¹¹
An Increasingly Politicized Military, Los Angeles Times, June 23, 2010.²¹²
James Clapper: Another Military Man for a Civilian Post, Washington Post, June 9, 2010.²¹³
Interview with Ezra Klein, Citizens United Was A Shot Across the Bow, Washington Post, May 12. 2010.²¹⁴
Why the Lib Dems Do Well Out of TV Debates (with James Fishkin), The Guardian, April 29, 2010.²¹⁵ How to Swing Congress (with Oona Hathaway), Los Angeles Times, April 3, 2010.
How Biden Could Fix the Senate, American Prospect, March 12, 2010.²¹⁶
How to Keep Future John Yoos Under Control, Washington Post, February 23, 2010.²¹⁷
How to Counter Corporate Speech (with David Wu), Wall Street Journal, January 28, 2010.²¹⁸
Despite Court Ruling, Congress Can Still Limit Campaign Finance (with Ian Ayres), Washington Post, January 26, 2010.²¹⁹
What Will Congress Do About Afghanistan? (with Oona Hathaway), Slate, December 9, 2009.²²⁰
A General’s Public Pressure, Washington Post, October 2, 2009.²²¹
America Needs to Prepare for Early Iraq Pullout (with Oona Hathaway), Financial Times, August 24, 2009.²²²
Section Five and the On-going Canonization of the Civil Rights Revolution, Balkinization, June 22, 2009.²²³
Abolish the White House Counsel, Slate, April 22, 2009.²²⁴
The Demonization of Harold Koh, The Daily Beast, April 8, 2009.²²⁵
Why We Need a Commission on Presidential Power, American Prospect, March 26, 2009.²²⁶
A Role for Congress to Reclaim, Washington Post, March 11, 2009.²²⁷
A National Endowment for Journalism? (with Ian Ayres), The Guardian, February 13, 2009. (French translation: Liberation, April 21, 2009).²²⁸
How Obama Can Fix an Illegal War (with Hathaway), San Francisco Chronicle, January 23, 2009.²²⁹
Impeach Jay Bybee, Slate, January 13, 2009.²³⁰
Making a Treaty: The Senate’s Role (with Hathaway)(letter to the editor), NY Times, January 8, 2009.²³¹
The Iraq War Is Now Illegal (with Hathaway), The Daily Beast, December 31, 2008.²³²
A Legal Time Bomb in Iraq, The Guardian (UK), December 12, 2008.²³³
Restoring the Rule of Law to the White House, The Daily Beast, November 20, 2008.²³⁴
The Great Repudiator? (with Magliocca), American Prospect. November 5, 2008.²³⁵
Bush’s Final Illusion (with Hathaway), Slate, October 21, 2008.²³⁶
Abolish the Vice-Presidency, Los Angeles Times, October 2, 2008.²³⁷
What Bush Will Surrender in Iraq (with Hathaway), Time Magazine, September 11, 2008.²³⁸
The Coming Transatlantic Crisis, Guardian (U.K.), September 2, 2008.²³⁹
What Georgia Means for Europe, Guardian (U.K.), August 12, 2008.²³⁹
Into No-Man’s Land (with Oona Hathaway), Los Angeles Times, July 25, 2008²⁴⁰
In Iraq, Timetables or Horizons or…?, New York Times (letter to the editor) July 23, 2008.²⁴¹
Keep Your Paws Off the Presidency, Slate, July 15, 2008.²⁴²
Fixing the System Obama Broke (with Ian Ayres), American Prospect (July 3, 2008).²⁴³
A Better Way with Referendums (with James K. Fishkin), Financial Times (June 17, 2008).²⁴⁴
Hey, What About the 24th? The Constitutional Amendment that the Court Forgot (with Jennifer Nou), Slate (May 2, 2008).²⁴⁵
The War’s Expiration Date, Washington Post (with Oona Hathaway) (April 5, 2008).²⁴⁶
McCain Was Born in the Panama Canal Zone. So?, New York Times (letter to the editor) March 1, 2008.²⁴⁷
An Agreement without Agreement, Washington Post (with Oona Hathaway) (February 15, 2008).²⁴⁸
Where Money Is No Object, Guardian (U.K.) (with Ian Ayres) (January 26, 2008).²⁴⁹
Checks, Please, Guardian (U.K.) (January 15, 2008).²⁴⁹ Bush Isn’t the Only Decider, Los Angeles Times (November 29, 2007).
Inherit the Windfall, Guardian (U.K.) (with Anne Alstott) (October 11, 2007).²⁴⁹
An Inheritance for All, American Prospect Online (with Anne Alstott) (October 4, 2007).²⁵⁰
The Risks of Playing Politics with the Military, Financial Times (September 5, 2007).²⁵¹
What We Owe Suspected Terrorists, Guardian (U.K.) (July 23, 2007).²⁵²
Down with Plutocrats and Fat Cat Donors, Slate (June 25, 2007)(with Ian Ayres).²⁵³
The King is Dead. Long Live the King?, Guardian (U.K.) (June 15, 2007).²⁵⁴
Japan’s Revolution Is Far Too Quiet, Foreign Policy (June 1, 2007) (with Norikazu Kawagishi).²⁵⁵
Dealing with the Worst, Guardian (U.K.) (May 21, 2007).
War Powers Debate with Jon Yoo: Remember Andrew Johnson, Los Angeles Times (April 6, 2007).
War Powers Debate with John Yoo: We Don't Want a Warrior King, Los Angeles Times (April 5, 2007).
War Powers Debate with John Yoo: Some of Us Have Been Consistent, Los Angeles Times (April 4, 2007).
War Powers Debate with John Yoo: Say No to King George, Los Angeles Times (April 3, 2007).
War Powers Debate with John Yoo: Congressional leadership is necessary and proper, Los Angeles Times (April 2, 2007).
Did Jefferson Abuse His Authority to Count Himself into the Presidency?, History News Network (March 19, 2007)²⁵⁶
The Half-Trillion Dollar Solution (with David Wu), American Prospect Online (February 27, 2007).
Britain Needs a New Agency to Fight Corruption, Financial Times (February 2, 2007).
Set a Spending Limit on Iraq, Los Angeles Times (January 10, 2007).
What if Terrorists Destroy Washington?, Los Angeles Times (December 16, 2006).
A Liberal Manifesto for America, Opendemocracy (October 30, 2006)²⁵⁷
We Answer to the Name of Liberals, American Prospect (November, 2006) (with Todd Gitlin), posted on website October 18, 2006 at . published in France by Liberation (October 19, 2006) at http://www.liberation.fr/opinions/rebonds/211551.FR.php); in Italy by La Repubblica (November 3, 2006); in Argentina by La Nacion (November 5, 2006); in Spain by El Pais (November 6, 2006); in Canada by the Toronto Star (November 10, 2006), in Germany by the Suddeutsche Zeitung (November 10, 2006).
White House Warden, Los Angeles Times (September 28, 2006).
Bad Party Line: All the Reasons to Hate Bush's Wiretapping Bill, Slate (September 18, 2006).
Talk of "War" is Misleading and Dangerous, Philadelphia Inquirer (September 12, 2006).
In Case of Emergency, American Prospect Online (August 18, 2006).
Give N.Y.'s Poor What They Need Most: A Voice, New York Daily News, p. 31 (August 14, 2006) (with Ian Ayres).
How Congress Can Make Guantanamo Even Worse, Slate (July 17, 2006).
Before the Next Attack, New Statesman (July 3, 2006).
Putting Reason Back into Emergency Powers, Boston Globe (July 2, 2006).
Come Scegliere il Si o il No (How to Choose Between Yes and No), La Repubblica (with James Fishkin) (June 23, 2006).
Export This? (with James Fishkin), Letter to the Editor, NY Times Magazine (May 7, 2006).
Secret Political Donations Can End the Secret Deals, Financial Times April 26, 2006 (with Ian Ayres).
The Perils of Judicial Restraint, Slate (April 5, 2006)
Inheritance Taxes (with Anne Alstott), Letter to the Editor, NY Times (April 4, 2006).
Terrorism and Civil Liberties, Yale Alumni Magazine, pp. 24-26 (March-April 2006).
Interview with Gabor Halmai, Fundamentum (special English edition), 49-58 (2005).
The Secrets They Keep, Slate (December 20, 2005).
Senate, White House Hypocrisy on Torture, Philadelphia Inquirer (December 14, 2005).
A National Day of Deliberation?(with Jiunn-Rong Yeh), China Times (November 22, 2005).
Protect Court Against a Stealth Revolution, Philadelphia Inquirer (October 16, 2005).
The Constitutional Moment that Wasn’t, American Prospect (September 21, 2005)²⁵⁸
Come Proteggere Le Nostre Liberta, La Repubblica, p. 39 (July 22, 2005).
High Court, High Stakes, American Prospect, pp. 35-38 (August, 2005).
Bush and the Stealth Justice, Los Angeles Times p. B 13 (July 7, 2005).
Cheney’s Betrayal, American Prospect Online (May 23, 2005)²⁵⁹
A Threat to Impartiality in the American Senate, Financial Times, p. 19 (May 16, 2005).
Kapitalismus fuer Alle, 7 brand eins pp. 40-44 (March 2005).
The Filibuster Rule: Play by the Rules, Philadelphia Inquirer (March 16, 2005).
Immune to Democracy (with John Ackerman), New York Times, p. A 21 (March 4, 2005).
Voting with Dollars, (with comments by Cong. Barney Frank and Nick Littlefield) 57 Bulletin of the American Academy of Arts and Sciences pp. 18-21 (Summer 2004).
Loyal to Rumsfeld – or the Constitution?, American Prospect, pp. 6 – 7 (November 2004).
Reply to Professor Rotunda, American Prospect Online, October 15, 2004.
From Debates to Deliberation (with James Fishkin), Center for American Progress web-site, October 14, 2004.
Oath of Offense, American Prospect Online, October 6, 2004.
The Rumsfeld Oath, American Prospect Online, September 29, 2004.
Abu Ghraib Requires a Political Response, Philadelphia Inquirer (September 15, 2004).
Like Father, Like Son, American Prospect Online, September 14, 2004.
States of Emergency, American Prospect, p. 40 (September 2004).
Just Imagine, A Day Off Devoted to Fulfilling a Democratic Duty (with James Fishkin), Philadelphia Inquirer (June 20, 2004).
2-for-1 Voting, New York Times, p. A 27 (May 5, 2004).
The Thinking Voter (with James Fishkin), Prospect, pp. 15-16 (May 2004).
A Precedent-Setting Appearance, Center for American Progress (web-site), April 8, 2004.
A Holiday Fit for a President (with James Fishkin), Los Angeles Times, p. B 13, (February 16, 2004).
How Jefferson Counted Himself In (with David Fontana), Atlantic Monthly, pp. 84-95 (March, 2004).
Deliberation Day (with James Fishkin), American Prospect, January 2004.
Righting the Ship of Democracy (with James Fishkin), Legal Affairs pp. 34-39 (January-February 2004).
System Down (with Ian Ayres), American Prospect Online, December 12, 2003.
Interview with Gabor Halmai, Fundamentum (in Hungarian), pp. 51-62 (issue 2/2003).
The Vote Must Go On, New York Times, p. A-27, September 17, 2003.
Patriot Dollars Put Money Where the Voters Are, Los Angeles Times, p. 15, July 17, 2003 (with Ian Ayres).
Fear Itself, American Prospect, (web exclusive) June 3, 2003.
Raw Deal, American Prospect, (web exclusive) May 14, 2003.
Never Again, American Prospect, p. 24, May 2003.
Judicial Extremism: A German Antidote, Los Angeles Times, p. 15, February 19, 2003.
Is the Right to March a Security Issue?, Newsday, p. A 17, February 18, 2003.
Two Fronts, American Prospect (web exclusive), January 27, 2003.
Keep Politics Off the Bench, Los Angeles Times, p. M 5, January 5, 2003.
Bush, Iraq, and the Rule of Law, Letters to the Editor, New York Times, p. A 18, November 23, 2002.
Government by Half-Truth, The American Prospect (web exclusive), October 24, 2002.
Facing the Threat From North Korea, Washington Post, Letters to the Editor, p. A22, October 19, 2002.
Episode oder Epoche, Frankfurter Rundschau, Feuilleton, October 16, 2002.
The Legality of Using Force, New York Times, p. A15, September 21, 2002.
But What's the Legal Case for Preemption?, Washington Post, p. B2, August 18, 2002.
Campaign Reform's Worst Enemy, New York Times, p. 13, July 6, 2002 (with Ian Ayres).
Bush Must Avoid Shortcuts on Road to War, Los Angeles Times, p. 15, May 31, 2002.
Don't Panic, London Review of Books, pp. 15-16, February 7, 2002. German version: Frankfurter Rundschau, February 15, 2002.
War is Handy Politics for Bush, Los Angeles Times, p. M 5, February 3, 2002.
Bush Can't Operate as a One-Man Act, Los Angeles Times, December 16, 2001.
On the Home Front, A Winnable War, New York Times, p. A 21, November 6, 2001.
Sunset Can Put a Halt to Twilight of Liberty, Los Angeles Times, p. B 11, September 20, 2001.
Treaties Don't Belong to Presidents Alone, New York Times, p. A 23, August 29, 2001.
Tony Blair's Big Idea, New York Times, Op-Ed, Sec. 4, p. 15, May 6, 2001 (with Anne Alstott).
Bush's Alarming Race Against the Clock, Boston Globe, Op-Ed, April 29, 2001.
Foil Bush's Maneuvers for Packing Court, Los Angeles Times, Op-Ed, p. B11, April 26, 2001.
Anatomy of a Constitutional Coup, London Review of Books, pp. 3-7, February 8, 2001. Translation: Le Monde, p. 18, February 27, 2001.
The Court Packs Itself, The American Prospect, p. 42, February 12, 2001
Keep Election Fixes to Middle Ground, Los Angeles Times, p. 7 December 18, 2000
As Florida Goes..., New York Times, Op-Ed, p. A-33, December 12, 2000
$80,000 and a Dream (with Anne Alstott), American Prospect, pp. 23-25, July 17, 2000.
How $50 Can Beat Big Money Campaigns, Los Angeles Times, p. B7, October 18, 1999.
An Unconstitutional Republican Exit Strategy, Los Angeles Times, p. B7, February 3, 1999.
Reply to Professor Tribe, January 8, 1999
This Lame-Duck Impeachment Should Die, Op- Ed, Washington Post, p. A17, December 24, 1998.
Contest Lame-duck House Vote, Op-Ed, USA Today, p.12A, December 23,1998.
Lameduck Impeachment? Not So Fast, Op-Ed, New York Times, December 8, 1998.
Without the People, Impeachment Fails, Op-Ed, Los Angeles Times, November 6, 1998.
What Ken Starr Neglected to Tell Us, Op-Ed, New York Times, September 14, 1998.
Euro Follows American Example, Letters to the Editor, New York Times, May 2, 1998, p. A-14.
Welfare for Wagner?, Project Syndicate [syndicated column for numerous European newspapers], May-June 1998 [on subsidizing the opera]. A longer version of the same essay was published in the Newsletter of the Institut fuer die Wissenschaften vom Menschen, Feb-April 1998, as “Subsidize the Opera?”
Historical Perspective [on Presidential Impeachment], Letters to the Editor, New York Times, February 2, 1998, p. A-22.
The Patriot Option, The Boston Review, pp. 13-14 (April/May 1997)
Joint Letter on the Constitutionality of the World Trade Organization and the Uruguay Round, Hearings before the Senate Committee on Commerce, Science and Transportation, S. 2467, GATT Implementing Legislation, S. Hrg. 103-823, pp. 529-31 (1994).
Gingrich v. The Constitution, New York Times, Op-Ed page, December 10, 1994.
Let's Introduce a New Political Currency System to Restore the Sovereign Citizenry in Japan (with Norikazu Kawagishi), Asahi Shimbun (Tokyo), Op-Ed page, September 28, 1993.
We the People--and Congress--Have Yet To Be Heard (with Harold Koh), Los Angeles Times, Op-Ed page, May 5, 1993.
Reforming Campaign Reform, Wall Street Journal, Op-Ed page, April 26, 1993.
1787 and 1993, New York Times, Op-Ed page, April 3, 1993.
Das Gauck Behoerde: Zwei Fragen, in Hassemer & Starzacher, Datenschutz und Stasi-Unterlagen: Verdraengen oder Bewaeltigen? (1993).
Interview, Bruce Ackerman over sociale rechtvaardigheid, de rol van de rechter en `law and economics', by M.A.P. Bovens and W.J. Witteveen, Staatkundig Jaarboek, pp 255-278 (1987).
Proceedings of Conference on Takings of Property and the Constitution, Miami Law Review, vol. 41, No. 1, pp. 49-222, passim (1986).
In Memoriam: Henry J. Friendly, Harvard Law Review, Vol. 99, No. 8, June 1986.
Agon (In Memoriam: Arthur Leff), Yale Law Journal, vol. 91, pp. 219-223 (1982).
The Languages of Power: Reflections on the Changing Relationship Between the Law and the Social and Humane Sciences, Proceedings of 1982-1983, Columbia Committee on General Education (vol. 11).
Commencement Remarks to the Yale Class of 1980, Yale Law Report, Spring/Summer 1982.
Air-Pollution 'Rights' (with Donald Elliott), New York Times, Op-Ed page, September 11, 1982.
Unconstitutional Convention, New Republic, March 3, 1979.
Clean (Cough) Air, New York Times, Op-Ed page, August 30, 1977.