The Vote: Bush, Gore, and the Supreme CourtCass R. Sunstein, Richard A. Epstein Though George W. Bush took office in January, the nation is still recovering from the prolonged and complex process by which he was elected. The Florida electoral controversy and the subsequent decisions by both the Florida courts and the U.S. Supreme Court left citizens and scholars alike divided over the role of the judiciary in the electoral arena. Now, after a few months of reflection, leading constitutional scholarsCass R. Sunstein, Richard A. Epstein, Pamela S. Karlan, Richard A. Posner, and John Yoo, among others—weigh in on the Supreme Court's actions, which remain sensible, legally legitimate, and pragmatically defensible to some and an egregious abuse of power to others. Representing the full spectrum of views and arguments, The Vote offers the most timely and considered guide to the ultimate consequences and significance of the Supreme Court's decision. The contributors to this volume were highly visible in the national media while the controversy raged, and here they present fully fleshed-out arguments for the positions they promoted on the airwaves. Readers will find in The Vote equally impassioned defenses for and indictments of the Court's actions, and they will come to understand the practical and theoretical implications of the Court's ruling in the realms of both law and politics. No doubt a spate of books will appear on the 2000 presidential election, but none will claim as distinguished a roster of contributors better qualified to place these recent events in their appropriate historical, legal, and political contexts. Leading constitutional scholars render their verdicts on the 2000 presidential election controversy Contributors: Richard A. Epstein Elizabeth Garrett Samuel Issacharoff Pamela S. Karlan Michael W. McConnell Frank I. Michelman Richard H. Pildes Richard A. Posner David A. Strauss Cass R. Sunstein John Yoo An earlier electronic edition of The Vote was available on the University of Chicago Press Web site. |
Contents
Of Law and Politics | 1 |
In such Manner as the Legislature Thereof May Direct The Outcome in Bush v Gore Defended | 13 |
Leaving the Decision to Congress | 38 |
Political Judgments | 55 |
The Newest Equal Protection Regressive Doctrine on a Changeable Court | 77 |
TwoandaHalf Cheers for Bush v Gore | 98 |
Suspicion or the New Prince | 123 |
Democracy and Disorder | 140 |
Common terms and phrases
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