"This script is based on a theory proposed by Bruce Ackerman, Sterling Professor of Law and Political Science at Yale Law School. Ackerman's idea is laid out in his 1991 book We The People: Foundations, and is discussed in the second of his Oliver Wendell Holmes Lectures of 2006. It's gained prominence since the 2024 election and the wholesale assault on our governmental system by Trump."
"The dualist Constitution and the Constitutional Moment Ackerman calls his theory a dualist constitution. He describes the basic ideas. In our system of representative democracy, power flows from the people. Some decisions are made directly by the people, such as elections. Spme are made by the government directly, for example rules and executive orders; and some indirectly through representatives of the people, such as laws and appointments to certain bodies. Thus, a dualist constitution."
"With respect to constitutional issues, the people can act in two ways. They can amend the Constitution following Article V. This hasn't been done in a long time, and may no longer be possible. The second way is the relevant part of Ackerman's theory. Most of the time the people do not engage in constitutional debates, or even extended policy debates"
Ackerman's dualist constitution theory distinguishes decisions made directly by the people, by government actors, and indirectly through representatives, placing constitutional authority with the people. People can change constitutional meanings either through Article V amendments or through extra-legal constitutional moments in which popular insistence updates prior interpretations. Amendments under Article V are rare and may be practically infeasible. The constitutional moment concept has gained attention after the 2024 election and related assaults on governmental institutions. Some proponents, especially Trump apologists, seek to apply the concept but must distort or prune the theory to make it appear applicable. Most of the time the public does not engage in constitutional debates.
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