By Richard A. Posner
The 2000 Presidential election led to a collision of heritage, legislation, 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 heritage and conception of yank 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 ebook starts off with an summary of the electoral procedure, together with its background and guiding theories. It appears subsequent on the Florida election itself, exploring which candidate ''really'' received and even if this is often even a significant query. the focal point then shifts to the complicated litigation, either kingdom 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 prior writings, this booklet deals another justification for the ultimate Court's determination in Bush v. Gore whereas praising the courtroom for fending off the chaotic outcomes of an unresolved deadlock.
Posner additionally evaluates the functionality of the attorneys who performed the post-election litigation and of the teachers 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 collage 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 should be welcomed by means of all who have been riveted by way of the new quandary 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
Breaking the Deadlock: The 2000 Election, the Constitution, and the Courts: The 2000 Election, the Constitution and the Courts by Richard A. Posner