Bush v. Gore: The Question of Legitimacy by Professor Bruce Ackerman, Bruce Ackerman

By Professor Bruce Ackerman, Bruce Ackerman

The ideally suited Court's intervention within the 2000 election will form American legislations and democracy lengthy after George W. Bush has left the White condo. This extremely important e-book brings jointly a huge diversity of preeminent criminal students who deal with the bigger questions raised by means of the excellent Court's activities. Did the Court's determination violate the guideline of legislation? Did it inaugurate an period of super-politicized jurisprudence? How should still Bush v. Gore switch the phrases of discussion over the following around of preferrred court docket 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-represent a wide political spectrum. Their reactions to the case are diverse and unbelievable, full of gleaming argument and lively debate. this can be a must-read ebook for considerate american citizens in every single place.

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Additional info for Bush v. Gore: The Question of Legitimacy

Example text

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.

This succession of television images does more than represent the case of Bush v. Gore; it profoundly shaped the Supreme Court’s understanding of the stakes involved and its ultimate holding that the Florida Supreme Court’s December 8 order—which mandated a statewide recount of ballots that had registered no vote for president but gave no specific guidelines for their evaluation, merely instructing election o≈cials to discern the clear intent of the voter—violated the Fourteenth Amendment’s equal protection clause.

The suspicion is twofold. First, reasonable people may feel that the Bush v. Gore majority, regardless of whether they were acting in subjective good faith, used the language of equal protection to rationalize a wholly unprincipled decision. ’’ Critics say this statement tells lower court judges not to apply the reasoning of Bush v. Gore to other cases, which would plainly be an illegitimate instruction. I think too much has been made of this point. We do not know whether or how the Court will apply its reasoning in the future.

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