Breaking the deadlock : the 2000 election, the constitution, and the courts /
Richard A. Posner.
- xvi, 266 pages ; 24 cm
Includes bibliographical references and index.
Preface -- Chronology of the Deadlock -- Glossary of Election Terms -- Introduction -- The Road to Florida 2000 -- The Deadlocked Election -- The Postelection Struggle in the Courts -- Critiquing the Participants -- Consequences and Reforms -- Conclusion -- Index. Chapter 1. Chapter 2. Chapter 3. Chapter 4. Chapter 5.
"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, evalutes 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 it 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."--BOOK JACKET.
0691090734 9780691090733
2001035078
Bush, George W. 1946- --Trials, litigation, etc. Gore, Albert, 1948- --Trials, litigation, etc.
Contested elections--United States Presidents--Election--United States--2000 Law--Political aspects