The 2000 Presidential election ended in a collision of history, law,
and the courts. It produced a deadlock that dragged out the result for
over a month, and consequences--real and imagined--that promise to
drag on for years. In the first in-depth study of the election and its
litigious aftermath, Judge Posner surveys the history and theory of
American electoral law and practice, analyzes which Presidential
candidate ''really'' won the popular vote in Florida, surveys the
litigation that ensued, evaluates the courts, the lawyers, and the
commentators, and ends with a blueprint for reforming our Presidential
electoral practices. The book starts with an overview of the electoral
process, including its history and guiding theories. It looks next at
the Florida election itself, exploring which candidate ''really'' won
and whether this is even a meaningful question. The focus then shifts
to the complex litigation, both state and federal, provoked by the
photo finish. On the basis of the pragmatic jurisprudence that Judge
Posner has articulated and defended in his previous writings, this
book offers an alternative justification for the Supreme Court's
decision in Bush v. Gore while praising the Court for averting the
chaotic consequences of an unresolved deadlock. Posner also evaluates
the performance of the lawyers who conducted the post-election
litigation and of the academics who commented on the unfolding drama.
He argues that neither Gore's nor Bush's lawyers blundered seriously,
but that the reaction of the legal professoriat to the litigation
exposed serious flaws in the academic practice of constitutional law.
While rejecting such radical moves as abolishing the Electoral College
or creating a national ballot, Posner concludes with a detailed plan
of feasible reforms designed to avoid a repetition of the 2000
election fiasco. Lawyers, political scientists, pundits, and
politicians are waiting to hear what Judge Posner has to say. But this
book is written for and will be welcomed by all who were riveted by
the recent crisis of presidential succession.
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The 2000 Election, the Constitution, and the Courts
Produktdetaljer
ISBN
9781400824281
Publisert
2013
Utgiver
Princeton University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Antall sider
288
Forfatter