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

By Bruce Ackerman

Bruce Ackerman (Ed.)

The excellent Court's intervention within the 2000 election will form American legislations and democracy lengthy after George W. Bush has left the White condominium. This examine brings jointly a large variety of felony students who tackle the bigger questions raised by way of the very best Court's activities. Did the Court's selection violate the guideline of legislation? Did it inaugurate an period of super-politicized jurisprudence? How may still Bush v. Gore swap the phrases of discussion over the following around of ultimate court docket 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 - characterize a extensive political spectrum. Their reactions to the case are diversified, jam-packed with argument and debate.


[A] deft exam of some of the criminal and political implications of Bush v. Gore. -- Library magazine

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

Sample text

Now turn to the Court’s finding that the hand-counting of votes ordered by the Florida Supreme Court violated the equal protection clause. I will say only a little about this holding. To be clear: this finding was not legally indefensible. The absence of clear vote-counting rules in the manual recount created obvious risks of arbitrariness, unequal treatment, and partisan subjectivity. As the Bush v. Gore majority observed, ‘‘dimpled chads’’ in at least one county were apparently being deemed legal votes, while identical ballots in other counties were not.

A state court ordered a recount, despite protests by Nixon supporters that the recount could not be completed by the federal safe-harbor date. On December 28, Kennedy was o≈cially declared the winner by 115 votes. In January, when all the states’ votes were tallied in Washington under the supervision of Vice President Nixon, Hawaii’s electoral votes were duly counted in favor of Kennedy n o t a s b a d a s p l e s s y , w o r s e . 23 only one thing on this crucial point, and what it says defies the credibility of a child (I know, because I have an eight-year-old daughter who took a preternatural interest in the case).

That in turn blurred into the embarrassed explanations shortly thereafter that the election in Florida, and thus the nation, was too close to call. The sight of elderly voters, many of them Holocaust survivors and their relatives, crying that the butterfly ballot had misled them to vote for Pat Buchanan when they had meant to vote for Al Gore, coupled with televised pictures of a specimen butterfly ballot, made clear to millions of Americans how easy it would have been to lose one’s franchise in Florida.

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