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.