Download Breaking the Deadlock: The 2000 Election, the Constitution, by Richard A. Posner PDF

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By Richard A. Posner

The 2000 Presidential election resulted in a collision of historical past, legislation, and the courts. It produced a impasse that dragged out the outcome for over a month, and consequences--real and imagined--that promise to pull on for years. within the first in-depth learn of the election and its litigious aftermath, pass judgement on Posner surveys the historical past and concept of yankee electoral legislations and perform, analyzes which Presidential candidate ''really'' gained the preferred vote in Florida, surveys the litigation that ensued, evaluates the courts, the legal professionals, and the commentators, and ends with a blueprint for reforming our Presidential electoral practices.

The booklet begins with an summary of the electoral method, together with its historical past and guiding theories. It seems subsequent on the Florida election itself, exploring which candidate ''really'' gained and even if this can be even a significant query. the point of interest then shifts to the complicated litigation, either country and federal, provoked via the picture end. at the foundation of the pragmatic jurisprudence that pass judgement on Posner has articulated and defended in his past writings, this ebook deals another justification for the superb Court's choice in Bush v. Gore whereas praising the courtroom for heading off the chaotic outcomes of an unresolved deadlock.

Posner additionally evaluates the functionality of the legal professionals who carried out 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 criminal professoriat to the litigation uncovered critical 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 an in depth 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 assert. yet this booklet is written for and may be welcomed by way of all who have been riveted via the hot challenge of presidential succession.

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Additional resources for Breaking the Deadlock: The 2000 Election, the Constitution, and the Courts

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Because of the bitterness in political and minority circles that the election and its aftermath had engendered and the fact that Bush had only one electoral vote more than a bare majority, there was some concern that when the Electoral College electors cast their votes, on December 18, some of Bush’s electors might defect to Gore. But this did not happen—though, ironically, one of Gore’s electors refused to cast her vote, as a protest against Congress’s refusal to grant statehood to the District of Columbia.

For a more extensive discussion, see Keyssar, Right to Vote, at 466 (index references under “War”). 38. Williamson, American Suffrage, at 135. —35— —– Chapter 1 to be the same as those for voting for the members of the lower house of the legislature of the voter’s state, while Senators were to be appointed by the legislature of each state and Presidential electors by each state in the manner directed by the state legislature. The trend toward broadening the franchise continued after 1787, powered by democratic sentiment,39 by (what is not the same thing) a decline of deference, by agitation of the disfranchised for the vote,40 and by the inherent ratchet effect of changes in the franchise.

2000). 6. Scott Gordon, Controlling the State: Constitutionalism from Ancient Athens to Today 66–80 (1999). 7. Bernard Manin, The Principles of Representative Government (1997). Schumpeter’s theory of competitive democracy is similar; Joseph A. Schumpeter, Capitalism, Socialism, and Democracy, ch. 22 (3d ed. 1950). 8. On direct democracy generally, see Dennis Mueller, Constitutional Democracy, ch. 7 (1996). 9 The aristocratic character of representative democracy is rooted in the fact that, especially if political parties are weak or nonexistent (the significance of this qualification will become clear shortly), voters will tend to pick the best candidate for each office.

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