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

By Bruce Ackerman

Bruce Ackerman (Ed.)

The superb Court's intervention within the 2000 election will form American legislation and democracy lengthy after George W. Bush has left the White condominium. This examine brings jointly a wide variety of felony students who handle the bigger questions raised via the best Court's activities. Did the Court's selection violate the guideline of legislations? Did it inaugurate an period of super-politicized jurisprudence? How may still Bush v. Gore switch the phrases of discussion over the subsequent around of excellent 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 - characterize a huge political spectrum. Their reactions to the case are assorted, full of argument and debate.


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

Show description

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

Similar elections books

Electoral Systems and Political Transformation in Post-Communist Europe (One Europe or Several?)

Sarah Birch assesses the effect of electoral approach layout on political switch in post-communist Europe. because the cave in of communism in important and jap Europe among 1989 and 1991, almost the entire states within the sector have undertaken major electoral reform. This research lines the a number of hyperlinks among the evolution of electoral structures and political switch and establishes styles within the results of electoral procedure layout on post-communist advancements.

Party Systems and Voter Alignments Revisited (Routledge Advances in International Relations and Politics)

This well timed booklet updates, and takes inventory of, Lipset and Rokkan's vintage paintings celebration structures and Voter Alignments: Cross-National views, an influential paintings considering the fact that its booklet in 1967. It examines the importance of the unique quantity for the historical past of political sociology, and assesses its theoretical and empirical relevance for the learn of latest elections, citizens and events.

The Roads to Congress 2008

The ebook bargains vigorous and hugely readable case reports of the main interesting and significant congressional races of 2008. either apartment and Senate races are integrated and every case covers an identical subject matters awarded within the comparable order in the instances. This comprises profiles of either applicants and the congressional district or kingdom of the senate race, in addition to a dialogue of the most coverage problems with the crusade, crusade procedure, media insurance of the applicants, curiosity staff involvement and ensuing vote.

Punishment and inclusion : race, membership, and the limits of American liberalism

"This ebook supplies a theoretical and ancient account of felon disenfranchisement, displaying deep connections among punishment and citizenship practices within the usa. those connections are deployed quietly and but perniciously as a part of a political procedure of white supremacy, shaping modern regimes of punishment and governance"--

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

Example text

Gore and other cases, like Roe or Plessy v. Ferguson, with which one might powerfully disagree. As noted above, I believe that Bush v. Gore is not comparable to these cases. In one important respect, Bush v. Gore is in fact much worse. Critics of Roe say that the Court in that case read into the Constitution a right that the justices favored but that cannot be squared with the Constitution’s text, history, or any other legitimate source of constitutional interpretation. Supporters of Roe say the opposite.

The full truth is even worse. Remember that only a week earlier, the United States Supreme Court had reprimanded the Florida justices for their earlier decision setting a November 27 deadline for the ‘‘certification’’ of the election results. What had the Florida justices done wrong in their earlier decision, which the Supreme Court vacated? They had, precisely, dared to assert a power to read into Florida election law a deadline not expressly specified in Florida’s election code. Which undoubtedly explains why, one week later, the majority in Bush v.

There was, however, one question to be answered: Why did the recount have to be completed by December 12? Florida’s election laws do not mention a December 12 deadline. They do not even hint at it. Nor is any such deadline imposed by federal law. As everyone understood, the pertinent federal statute made December 12 not a deadline but a ‘‘safe harbor’’ date. Under the federal statute, states are given an incentive to resolve any disputes about who won their electoral college votes by December 12.

Download PDF sample

Rated 4.98 of 5 – based on 24 votes

About admin