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.

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

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

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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.

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