Download PDF by Bruce Ackerman: Bush v. Gore: The Question of Legitimacy
By Bruce Ackerman
Bruce Ackerman (Ed.)
The preferrred Court's intervention within the 2000 election will form American legislations and democracy lengthy after George W. Bush has left the White condominium. This research brings jointly a extensive variety of felony students who handle the bigger questions raised through the very best Court's activities. Did the Court's determination violate the guideline of legislation? Did it inaugurate an period of super-politicized jurisprudence? How may still Bush v. Gore swap the phrases of discussion over the following around of best courtroom appointments?
The contributors - Bruce Ackerman, Jack Balkin, Guido Calabresi, Steven Calabresi, Owen Fiss, Charles Fried, Robert publish, Margaret Jane Radin, Jeffrey Rosen, Jed Rubenfeld, Cass Sunstein, Laurence Tribe and Mark Tushnet - characterize a large political spectrum. Their reactions to the case are diversified, full of argument and debate.
[A] deft exam of some of the criminal and political implications of Bush v. Gore. -- Library magazine
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COLMES: you need to positioned a 21-year-old man at the court docket?
ANN COULTER: Twenty-one, and he's simply entire first yr of Harvard legislation.
COLMES: so that you wish anyone who's going to be at the court docket for fifty, 60 years? Is that - is that the full thought?
ANN COULTER: No, I simply ensue to love Ben Shapiro.
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Additional info for Bush v. Gore: The Question of Legitimacy
By contrast, at least some of Florida’s elected o≈cers take o≈ce immediately after election. With respect to such state o≈cials, if there were no expeditious determination of the election results prior to an election contest, there could be situations in which no one could authoritatively take o≈ce. There might be no legislators in vacated seats. There might be no mayor or city council in a given municipality. When the term of an outgoing o≈ceholder expires on or just after election day, and when the newly elected o≈cer is to take o≈ce forthwith, it is obviously essential to have someone expeditiously and authoritatively, even if only provisionally, declared a winner.
Gore majority take the phrase ‘‘participate fully in the electoral process’’ and pretend—there is no other word for it—that this phrase somehow amounted to a judicial ﬁnding that the state legislature intended to make December 12 a state law deadline for the counting of votes. The full truth is even worse. Remember that only a week earlier, the United States Supreme Court had reprimanded the Florida justices for their earlier decision setting a November 27 deadline for the ‘‘certiﬁcation’’ of the election results.
Now you might say that this doesn’t really count: a justice is really favorable to equal protection only when it favors certain groups. Give me a break! And as to deference to state law, it is the Bush majority justices who have refused—just as they did in this case—to allow states to hide behind aberrant interpretations of state law to defeat constitutional property right protections. And in those cases it is the dissenters who have raised the banner of deference to state law. ∞≥ Finally, the Court’s detractors ask archly whether the majority’s decision would have been the same if a state court had been caught trying to steal the election for George Bush.
Bush v. Gore: The Question of Legitimacy by Bruce Ackerman