By Richard A. Posner
The 2000 Presidential election resulted in a collision of historical past, legislations, and the courts. It produced a impasse that dragged out the end result 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 heritage and conception 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 e-book starts off with an summary of the electoral technique, together with its historical past and guiding theories. It appears to be like subsequent on the Florida election itself, exploring which candidate ''really'' gained and no matter if this is often even a significant query. the focal point then shifts to the advanced litigation, either country and federal, provoked via the photograph end. at the foundation of the pragmatic jurisprudence that pass judgement on Posner has articulated and defended in his past writings, this booklet bargains another justification for the preferrred Court's selection in Bush v. Gore whereas praising the courtroom for warding off the chaotic effects 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 felony 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 a close 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 claim. yet this booklet is written for and should be welcomed via all who have been riveted through the new concern of presidential succession.
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Extra resources for Breaking the Deadlock: The 2000 Election, the Constitution, and the Courts: The 2000 Election, the Constitution and the Courts