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 outcome for over a month, and consequences--real and imagined--that promise to tug on for years. within the first in-depth research of the election and its litigious aftermath, pass judgement on Posner surveys the background and idea of yank electoral legislation 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 e-book starts off with an outline of the electoral method, together with its heritage 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 point of interest then shifts to the complicated litigation, either country and federal, provoked through the picture end. at the foundation of the pragmatic jurisprudence that pass judgement on Posner has articulated and defended in his prior writings, this booklet bargains an alternate justification for the splendid Court's selection in Bush v. Gore whereas praising the courtroom for heading off the chaotic results of an unresolved deadlock.
Posner additionally evaluates the functionality of the legal professionals who performed the post-election litigation and of the lecturers 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 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 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 via all who have been riveted through the new difficulty of presidential succession.
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Extra info for Breaking the Deadlock: The 2000 Election, the Constitution, and the Courts
There are countercurrents. The ideology of the market can foster contempt for voting because of its lack of instrumental value and its failure to weight preferences by willingness to pay, which is how the market weights preferences. The sacralizing of property rights in the name of economic efficiency curtails democratic governance by disqualifying government from intervening in the market. And markets can foster inequalities in income and wealth, which can in turn foster selfish, exploitive voting as the electorate splits into classes that have little in common with each other.
20. The theory of the two-tier tender offer. com”), before being shut down by a reminder of its illegality. 28. htm. Cf. Pamela S. Karlan, “Politics by Other Means,” 85 Virginia Law Review 1697, 1713–1714 (1999). —23— —– Chapter 1 honors the democratic principle but also controls the rulers, and solves the succession problem, better than any alternative system, provided—a qualification to be borne in mind throughout this book—that the procedures for determining the succession are fixed in advance, objective, administrable, and clear, so that succession is according to rules rather than to a power play by the loser.
It was to be a strange college—more like a correspondence school”; Jules Witcover, No Way to Pick a President 249 (1999). 33 Such was the scheme of representative democracy created by the Constitution of 1787 for the federal government. S. representative democracy since that date is a vast subject, but fortunately only three facets of that history are important for my purposes. One is the general though irregular movement to broaden the suffrage. Another is the trend away from indirect election.