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Author: Richard A. Posner Publisher: Princeton University Press ISBN: 1400824281 Category : Political Science Languages : en Pages : 286
Book Description
The 2000 Presidential election ended in a collision of history, law, and the courts. It produced a deadlock that dragged out the result for over a month, and consequences--real and imagined--that promise to drag on for years. In the first in-depth study of the election and its litigious aftermath, Judge Posner surveys the history and theory of American electoral law and practice, analyzes which Presidential candidate ''really'' won the popular vote in Florida, surveys the litigation that ensued, evaluates the courts, the lawyers, and the commentators, and ends with a blueprint for reforming our Presidential electoral practices. The book starts with an overview of the electoral process, including its history and guiding theories. It looks next at the Florida election itself, exploring which candidate ''really'' won and whether this is even a meaningful question. The focus then shifts to the complex litigation, both state and federal, provoked by the photo finish. On the basis of the pragmatic jurisprudence that Judge Posner has articulated and defended in his previous writings, this book offers an alternative justification for the Supreme Court's decision in Bush v. Gore while praising the Court for averting the chaotic consequences of an unresolved deadlock. Posner also evaluates the performance of the lawyers who conducted the post-election litigation and of the academics who commented on the unfolding drama. He argues that neither Gore's nor Bush's lawyers blundered seriously, but that the reaction of the legal professoriat to the litigation exposed serious flaws in the academic practice of constitutional law. While rejecting such radical moves as abolishing the Electoral College or creating a national ballot, Posner concludes with a detailed plan of feasible reforms designed to avoid a repetition of the 2000 election fiasco. Lawyers, political scientists, pundits, and politicians are waiting to hear what Judge Posner has to say. But this book is written for and will be welcomed by all who were riveted by the recent crisis of presidential succession.
Author: Richard A. Posner Publisher: Princeton University Press ISBN: 1400824281 Category : Political Science Languages : en Pages : 286
Book Description
The 2000 Presidential election ended in a collision of history, law, and the courts. It produced a deadlock that dragged out the result for over a month, and consequences--real and imagined--that promise to drag on for years. In the first in-depth study of the election and its litigious aftermath, Judge Posner surveys the history and theory of American electoral law and practice, analyzes which Presidential candidate ''really'' won the popular vote in Florida, surveys the litigation that ensued, evaluates the courts, the lawyers, and the commentators, and ends with a blueprint for reforming our Presidential electoral practices. The book starts with an overview of the electoral process, including its history and guiding theories. It looks next at the Florida election itself, exploring which candidate ''really'' won and whether this is even a meaningful question. The focus then shifts to the complex litigation, both state and federal, provoked by the photo finish. On the basis of the pragmatic jurisprudence that Judge Posner has articulated and defended in his previous writings, this book offers an alternative justification for the Supreme Court's decision in Bush v. Gore while praising the Court for averting the chaotic consequences of an unresolved deadlock. Posner also evaluates the performance of the lawyers who conducted the post-election litigation and of the academics who commented on the unfolding drama. He argues that neither Gore's nor Bush's lawyers blundered seriously, but that the reaction of the legal professoriat to the litigation exposed serious flaws in the academic practice of constitutional law. While rejecting such radical moves as abolishing the Electoral College or creating a national ballot, Posner concludes with a detailed plan of feasible reforms designed to avoid a repetition of the 2000 election fiasco. Lawyers, political scientists, pundits, and politicians are waiting to hear what Judge Posner has to say. But this book is written for and will be welcomed by all who were riveted by the recent crisis of presidential succession.
Author: Howard Gillman Publisher: University of Chicago Press ISBN: 9780226294087 Category : Law Languages : en Pages : 330
Book Description
The dramatic struggle over the outcome of the 2000 presidential election presented judges with an extraordinary political challenge, as well as a historic political temptation. In The Votes That Counted Howard Gillman offers a comprehensive yet critical assessment of how well courts coped with the competing expectations for impartial justice and favorable partisan results. Lively and authoritative, the book documents how the participants, the press, the academic community, and the public responded during these tension-filled thirty-six days. Gillman also provides a serious yet accessible overview of the legal strategies and debates-from briefs and oral arguments to final decisions. However, in explaining the behavior of courts, he moves beyond an analysis of law to also take into account the influences of partisanship, judicial ideology, and broader political and historical contexts. Appropriately, Gillman pays special attention to the judges whose behavior generated the most controversy—the battling justices of the Florida and United States Supreme Courts. After carefully reviewing the arguments for and against their decisions, he concludes that the five justices behind the Bush v. Gore decision acted outside what should be considered the acceptable boundaries of judicial power. Gillman ends with an analysis of why they chose such an unprecedented course of action and an assessment of whether their partisan intervention will have any lasting effect on the Supreme Court's reputation and authority.
Author: Jeffrey Toobin Publisher: Random House Trade Paperbacks ISBN: 0375761071 Category : Political Science Languages : en Pages : 322
Book Description
From the best-selling author of A Vast Conspiracy and The Run of His Life comes Too Close to Call--the definitive story of the Bush-Gore presidential recount. A political and legal analyst of unparalleled journalistic skill, Jeffrey Toobin is the ideal writer to distill the events of the thirty-six anxiety-filled days that culminated in one of the most stunning Supreme Court decisions in history. Packed with news-making disclosures and written with the drive of a legal thriller, Too Close to Call takes us inside James Baker's private jet, through the locked gates to Al Gore's mansion, behind the covered-up windows of Katherine Harris's office, and even into the secret conference room of the United States Supreme Court. As the scene shifts from Washington to Austin and into the remote corners of the enduringly strange Sunshine State, Toobin's book will transform what you thought you knew about the most extraordinary political drama in American history. The Florida recount unfolded in a kaleidoscopic maze of bizarre concepts (chads, pregnant and otherwise), unfamiliar people in critically important positions (the Florida Supreme Court), and familiar people in surprising new places (the Miami relatives of Elián González, in a previously undisclosed role in this melodrama). With the rich characterization that is his trademark, Toobin portrays the prominent strategists who masterminded the campaigns--the Daleys and the Roves--and also the lesser-known but influential players who pulled the strings, as well as the judges and justices whose decisions determined the final outcome. Toobin gives both camps a treatment they have not yet received--remarkably evenhanded, nonpartisan, and entirely new. The post-election period posed a challenge to even the most zealous news junkie: how to keep up with what was happening and sort out the important from the trivial. Jeffrey Toobin has now done this--and then some. With clarity, insight, humor, and a deep understanding of the law, he deconstructs the events, the players, and the often Byzantine intricacies of our judicial system. A remarkable account of one of the most significant periods in our country's history, Too Close to Call is endlessly surprising, frequently poignant, and wholly addictive.
Author: Andrew Rice Publisher: HarperCollins ISBN: 0062979841 Category : Political Science Languages : en Pages : 590
Book Description
“In his beautifully crafted and rigorously reported volume, Andrew Rice takes readers back to Florida in 2000, laying out a cultural and political history of a moment at which America’s political system was turned inside out, its power structures upended. The Year That Broke America is vivid and wide-ranging; it also happens to be a page turner.”—Rebecca Traister, bestselling author of Good and Mad “Engrossing, insightful, tragic and above all, irresistible.”— Ronald Brownstein Combining the compelling insight of Nixonland and the narrative verve of Ladies and Gentleman: The Bronx is Burning, a journalist’s definitive cultural and political history of the fatefully important moment when American politics and culture turned: the year 2000. Before there was Coronavirus, before there was the contentious 2020 election or the entire Trump presidency, there was a turning-point year that proved momentous and transformative for American politics and the fate of the nation. That year was 2000, the last year of America’s unchallenged geopolitical dominance, the year Mark Burnett created Survivor and a new form of celebrity, the year a little Cuban immigrant became the focus of a media circus, the year Donald Trump flirted with running for President (and failed miserably), the year a group of Al Qaeda operatives traveled to America to learn to fly planes. They all converged in Florida, where that fall, the most important presidential election in generations was decided by the slimmest margin imaginable. But the year 2000 was also the moment when the authority of the political system was undermined by technical malfunctions; when the legal system was compromised by the justices of the Supreme Court; when the financial system was devalued by deregulation, speculation, creative securitization, and scam artistry; when the mainstream news media was destabilized by the propaganda power of Fox News and the supercharged speed of the internet; when the power of tastemakers, gatekeepers, and cultural elites was diminished by a dawning recognition of its irrelevance. Expertly synthesizing many hours of interviews, court records, FOIA requests, and original archival research, Andrew Rice marshals an impressive cast of dupes, schmucks, superstars, politicians, and shameless scoundrels in telling the fascinating story of this portentous year that marked a cultural watershed. Back at the start of the new millennium it was easy to laugh and roll our eyes about the crazy events in Florida in the year 2000—but what happened then and there has determined where we are and who we’ve become.
Author: Alan M. Dershowitz Publisher: Oxford University Press, USA ISBN: 0199743665 Category : Political Science Languages : en Pages : 289
Book Description
Millions of Americans were baffled and outraged by the U.S. Supreme Court's role in deciding the presidential election of 2000 with its controversial ruling in Bush v. Gore. The Court had held a unique place in our system of checks and balances, seen as the embodiment of fairness and principle precisely because it was perceived to be above the political fray. How could it now issue a decision that reeked of partisan politics, and send to the White House a candidate who may have actually lost the election? In Supreme Injustice, best-selling author and legal expert Alan M. Dershowitz addresses these questions head-on, at last demystifying Bush v. Gore for those who are still angered by the court's decision but unclear about its meaning. Dershowitz--himself a former Supreme Court clerk--argues that in this case for the first time, the court's majority let its desire for a particular partisan outcome have priority over legal principles. As in his other bestselling books, Dershowitz clarifies complex legal issues, explaining concepts such as "equal protection" and "irreparable harm." Digging deeply into their earlier writings and rulings, Dershowitz proves beyond a reasonable doubt that the justices who gave George W. Bush the presidency contradicted their previous positions to do so. The most egregious ruling since the Dred Scott Decision, Bush v. Gore has shattered the image of the Supreme Court as a fair and impartial arbiter of important national issues. The resulting loss of the American people's respect, Dershowitz concludes, has severely compromised the Court's role in national affairs. And yet Dershowitz sees some benefit emerging from this constitutional crisis--if we understand its lessons and take action to prevent it from happening again.
Author: Herbert F. Weisberg Publisher: Stanford University Press ISBN: 9780804748568 Category : Political Science Languages : en Pages : 324
Book Description
"Chapters in this book were originally commissioned for a conference ... held at the Mershon Center on the Ohio State University campus, March 7-10, 2002"--Preface.
Author: Bill Sammon Publisher: Regnery Publishing ISBN: 9780895261229 Category : Political Science Languages : en Pages : 308
Book Description
Describes Al Gore's efforts to overturn the results of the 2000 presidential election, including his attempts to toss military ballots and his campaign against Florida attorney general Katherine Harris.
Author: Arthur Jacobson Publisher: Univ of California Press ISBN: 0520929330 Category : Political Science Languages : en Pages : 430
Book Description
The American presidential election of 2000 was perhaps the most remarkable, and in many ways the most unsettling, that the country has yet experienced. The millennial election raised fundamental questions not only about American democracy, but also about the nation's constitution and about the legitimate role of American courts, state and federal, and in particular about the United States Supreme Court. The Longest Night presents a lively and informed reaction to the legal aftermath of the election by the most prominent experts on the subject. With a balance of opposing views—including those of some of the most distinguished foreign commentators writing on the subject today—the contributors present an unusual breadth of perspectives in addressing the judicial, institutional, and political questions involved in the disputed election. Their commentaries bring the confusion and frenzy of the event into clear focus and lay the groundwork for an essential public debate that is sure to continue well into the future. The Longest Night contains a thorough chronology of the events in Florida, a detailed account of the institutional structure of American presidential elections, a series of analyses both criticizing and defending the decisions in Bush v. Gore, American perspectives on the Florida struggle and America's electoral system, and a debate on maintaining or reforming the electoral college. The authors include participants in the legal and political battles surrounding the Florida election, foreigners charged with monitoring and supervising elections, and scholars from many disciplines specializing in constitutionalism, democracy, and American election law. Contributors
Author: Richard L. Hasen Publisher: Yale University Press ISBN: 0300184212 Category : Political Science Languages : en Pages : 295
Book Description
In 2000, just a few hundred votes out of millions cast in the state of Florida separated Republican presidential candidate George W. Bush from his Democratic opponent, Al Gore. The outcome of the election rested on Florida's 25 electoral votes, and legal wrangling continued for 36 days. Then, abruptly, one of the most controversial Supreme Court decisions in U.S. history, Bush v. Gore, cut short the battle. Since the Florida debacle we have witnessed a partisan war over election rules. Election litigation has skyrocketed, and election time brings out inevitable accusations by political partisans of voter fraud and voter suppression. These allegations have shaken public confidence, as campaigns deploy "armies of lawyers" and the partisan press revs up when elections are expected to be close and the stakes are high.
Author: Jack N. Rakove Publisher: Basic Books (AZ) ISBN: Category : Political Science Languages : en Pages : 296
Book Description
"The Unfinished Election of 2000 is the first book to examine the strange and unprecedented events of the last election in all their complexity." "Together, these essays offer an election book very different from the ones we are too familiar with: not a journalistic account of campaigning and media strategy, but a reflective assessment of the stranger election in modern American history." [bandella].
Author: Richard A. Posner
Author: Richard A. Posner
Author: Howard Gillman
Author: Jeffrey Toobin
Author: Andrew Rice
Author: Alan M. Dershowitz
Author: Herbert F. Weisberg
Author: Bill Sammon
Author: Arthur Jacobson
Author: Richard L. Hasen
Author: Jack N. Rakove