By Richard A. Posner
The 2000 Presidential election led to a collision of historical past, legislations, and the courts. It produced a impasse that dragged out the end result for over a month, and consequences--real and imagined--that promise to pull on for years. within the first in-depth research of the election and its litigious aftermath, pass judgement on Posner surveys the historical past and thought of yank electoral legislations and perform, analyzes which Presidential candidate ''really'' gained the preferred vote in Florida, surveys the litigation that ensued, evaluates the courts, the attorneys, and the commentators, and ends with a blueprint for reforming our Presidential electoral practices.
The booklet starts off with an outline of the electoral strategy, together with its background and guiding theories. It appears to be like subsequent on the Florida election itself, exploring which candidate ''really'' received and even if this is often even a significant query. the focal point then shifts to the advanced litigation, either nation and federal, provoked through the photograph end. at the foundation of the pragmatic jurisprudence that pass judgement on Posner has articulated and defended in his earlier writings, this booklet deals an alternate justification for the very best Court's selection in Bush v. Gore whereas praising the courtroom for keeping off the chaotic results of an unresolved deadlock.
Posner additionally evaluates the functionality of the attorneys who performed the post-election litigation and of the teachers who commented at the unfolding drama. He argues that neither Gore's nor Bush's legal professionals blundered heavily, yet that the response of the felony professoriat to the litigation uncovered severe flaws within the educational perform of constitutional legislation. whereas rejecting such radical strikes as abolishing the Electoral university or making a nationwide poll, Posner concludes with a close plan of possible reforms designed to prevent a repetition of the 2000 election fiasco.
Lawyers, political scientists, pundits, and politicians are ready to listen to what pass judgement on Posner has to claim. yet this booklet is written for and may be welcomed through all who have been riveted via the new challenge of presidential succession.
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Additional resources for Breaking the Deadlock: The 2000 Election, the Constitution, and the Courts
But democratic 9. Bruno S. Frey, “Direct Democracy: Politico-Economic Lessons from Swiss Experience,” 84 American Economic Review Papers and Proceedings 338 (May 1994). 10. This assumes that, as in our system of government, the voters are not authorized to issue binding instructions to the successful candidate. If they were, officeholders would be genuine agents, rather than principals; the people would rule, as they do not in our system. —16— The Road to Florida 2000 —– aristocracy, oxymoron as it may seem, best describes our system.
Instead each political party supplied ballots containing a party-line vote for the party’s candidates. The voter would simply select one party’s ballot and drop it into the ballot box. The party ballot was replaced, largely in the last decade of the century, by the “Australian” ballot: a paper ballot, supplied by the voting authorities, that contained a list of the candidates, on which the voter would mark his preference. ) A voter who was not literate would have difficulty using the Australian ballot,45 a result welcomed by those who feared the voting power of immigrants.
The Court issued a stay the next day, December 9, by a vote of 5 to 4, with Chief Justice William Rehnquist and Justices Sandra Day O’Connor, Anthony Kennedy, Scalia, and Thomas in the majority and Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer in the minority. Three days later, on December 12, by the same vote and the same lineup, the Court declared the recount ordered by the Florida supreme court unconstitutional as a denial of the equal protection of the laws, and added that under Florida law December 12 was the outside deadline for a recount in a Presidential election; therefore the recount could not resume.
Breaking the Deadlock: The 2000 Election, the Constitution, and the Courts by Richard A. Posner