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Arendt, Tushnet, And Lopez: The Philosophical Challenge Behind Ackerman's Theory Of Constitutional Moments, S. Candice Hoke
Arendt, Tushnet, And Lopez: The Philosophical Challenge Behind Ackerman's Theory Of Constitutional Moments, S. Candice Hoke
Law Faculty Articles and Essays
In his provocative article, Mark Tushnet asks whether United States v. Lopez signals a major constitutional shift in federalism-- specifically in the allocation of political and regulatory power between State and Nation. Tushnet uses the Lopez problem to test the adequacy of the political theory that Bruce Ackerman terms “dualist democracy,” delineated in Ackerman's work in progress. Like many other reviewers, Tushnet finds Ackerman's theory wanting in crucial respects.My response takes two tracks. First, I will argue that the import of Ackerman's theory is better understood and evaluated when it is considered more as a work of political philosophy and …
Book Review, S. Candice Hoke
Book Review, S. Candice Hoke
Law Faculty Articles and Essays
The author reviews Federalism and Rights by Ellis Katz and G. Alan Tarr and To Make a Nation: The Rediscovery of American Federalism by Samuel H. Beer.