By Professor Bruce Ackerman, Bruce Ackerman

ISBN-10: 0300093799

ISBN-13: 9780300093797

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 condominium. This very important publication brings jointly a huge variety of preeminent felony students who tackle the bigger questions raised through the preferrred Court's activities. Did the Court's selection violate the rule of thumb of legislation? Did it inaugurate an period of super-politicized jurisprudence? How should still Bush v. Gore swap the phrases of discussion over the following around of superb court docket appointments? The contributors-Bruce Ackerman, Jack Balkin, Guido Calabresi, Steven Calabresi, Owen Fiss, Charles Fried, Robert put up, 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 astounding, jam-packed with glowing argument and lively debate. it is a must-read publication for considerate americans all over.

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

Sample text

People can have di√ering views about this. But at the end of the day, their disagreement is a disagreement of a certain kind. It is a disagreement about constitutional principle. The question is whether a certain freedom should or should not be n o t a s b a d a s p l e s s y , w o r s e . 35 recognized as a constitutional right. Supporters of Roe ardently defend the fundamental, constitutional status of this freedom. Opponents reject the idea that abortion is a constitutionally fundamental right; some think of abortion as a≈rmatively evil.

They had not set any deadline by which the recount was to conclude. To be sure, the Florida justices were probably hoping, perhaps even trying, to get the count finished by December 12. But they had never imposed any strict December 12 deadline. Nor had they said anything about what would happen, under state law, if the count could not be completed by December 12. Did this little di≈culty trouble the majority? Not a bit. They got 24 j e d r u b e n f e l d over it in a single sentence. ’’ If that’s not a clear embrace of a strict December 12 deadline, what is?

Remembering that it’s ‘‘one person, one vote,’’ not ‘‘one ballot, one vote,’’ is rendered more di≈cult by the fact that it’s the ballot one sees being held in the air and scrutinized with squinted eyes; the person who cast that ballot, and the story connecting that person to the machine he or she encountered at a particular time and place—the machine that registered no vote for president in that encounter—must be constructed in the mind’s eye.

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


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