Bush v. Gore: The Question of Legitimacy by Bruce Ackerman

By Bruce Ackerman

Bruce Ackerman (Ed.)

The ideally suited Court's intervention within the 2000 election will form American legislations and democracy lengthy after George W. Bush has left the White condominium. This research brings jointly a vast variety of criminal students who deal with the bigger questions raised by means of the best Court's activities. Did the Court's choice violate the rule of thumb of legislation? Did it inaugurate an period of super-politicized jurisprudence? How should still Bush v. Gore swap the phrases of discussion over the following around of superb courtroom appointments?

The contributors - Bruce Ackerman, Jack Balkin, Guido Calabresi, Steven Calabresi, Owen Fiss, Charles Fried, Robert publish, Margaret Jane Radin, Jeffrey Rosen, Jed Rubenfeld, Cass Sunstein, Laurence Tribe and Mark Tushnet - signify a large political spectrum. Their reactions to the case are assorted, jam-packed with argument and debate.

Reviews:

[A] deft exam of a few of the felony and political implications of Bush v. Gore. -- Library magazine

Show description

Read or Download Bush v. Gore: The Question of Legitimacy PDF

Similar elections books

Fault Lines: Why the Republicans Lost Congress (Controversies in Electoral Democracy and Representation)

In a few years elections result in enduring alterations to the yankee political scene. In 2006, a pivotal election yr, the Republicans suffered a convincing defeat, wasting the home and Senate for the 1st time because the 1994 "Republican Revolution. " yet what triggered this pivotal shift? Fault strains presents either a wealth of perception concerning what occurred within the 2006 congressional elections and a framework to help in knowing the prospective value of the 2006 final result for next advancements in American politics.

Obama's time : a history

"Barack Obama got here into place of work in the course of one of many worst monetary crises in American heritage and needed to extract the USA from grinding overseas wars. He succeeded in enacting the main innovative legislative time table because the nice Society years, and has pivoted American international coverage towards East Asia.

Territory and Electoral Rules in Post-Communist Democracies

The e-book extends learn at the territorial constitution of celebration structures (party nationalization) to twenty post-communist democracies. It explains get together nationalisation by reason of ethnically orientated politics, and indicates how get together nationalisation can raise our realizing of electoral platforms.

The Women’s Suffrage Movement and Feminism in Argentina from Roca to Perón

On September 23, 1947, the Plaza de Mayo in Buenos Aires choked with jubilant women and men celebrating a brand new legislation that gave girls an analogous correct as males to vote in all elections. President Juan Domingo Perón had completed an enormous victory for his regime. within the years that undefined, Perón, with assistance from his spouse, Evita, courted girl citizens and created possibilities for them to take part in his broad-based political coalition.

Additional resources for Bush v. Gore: The Question of Legitimacy

Sample text

After all, both Justices Souter and Breyer in the passages quoted above mark the same distinction. ’’) And every student of the Supreme Court knows that it is canonical for the Court, when it decides for the first time an issue on an unusual set of facts, to issue such a caveat. It is almost boilerplate. Those who charge the Court not just with error but with bad faith on this score are open to condemnation in kind. Finally, there is the remedy. This is the most vulnerable part of the 10. It might be said that poorer precincts may use less accurate machinery, but that inaccuracy ex ante may also be random relative to any candidate.

Tribe present spectacle of election o≈cials holding ballots in the air to divine each voter’s intent—o≈cials whose subsequent consultations with a state magistrate were destined to be conducted out of camera range. The illusion of a technical ‘‘fix’’ in the uniform set of rules the state’s high court was faulted for not having promulgated was of a di√erent order. Evidently the justices who acted as though machinelike algorithms could workably replace human judgment in deciphering the machine-rejected ballots were tuned in to breakthroughs in artificial intelligence and computerized pattern-recognition unknown to the rest of us.

C. § 5, Justice Breyer’s proposed remedy—remanding to the Florida Supreme Court for its ordering of a constitutionally proper contest until December 18—contemplates action in violation of the Florida election code, and hence could not be part of an ‘‘appropriate’’ order authorized by Fla. Stat. 168(8) (2000). True it is that the December 12 ‘‘safe harbor provision’’ is just that, an option available to the states, not a requirement of federal law. But the Court also did not just make it up that the Florida court had stated several times its interpretation of Florida law as requiring compliance with that deadline.

Download PDF sample

Rated 4.07 of 5 – based on 17 votes