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Breaking the Deadlock: The 2000 Election, the Constitution, by Richard A. Posner

By Richard A. Posner

The 2000 Presidential election led to a collision of historical past, 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 pull on for years. within the first in-depth learn of the election and its litigious aftermath, pass judgement on Posner surveys the heritage and conception of yank electoral legislation and perform, analyzes which Presidential candidate ''really'' gained the preferred vote in Florida, surveys the litigation that ensued, evaluates the courts, the attorneys, and the commentators, and ends with a blueprint for reforming our Presidential electoral practices.

The ebook starts off with an summary of the electoral approach, together with its background and guiding theories. It appears to be like subsequent on the Florida election itself, exploring which candidate ''really'' gained and no matter if this can be even a significant query. the focal point then shifts to the advanced litigation, either kingdom and federal, provoked by means of the photograph end. at the foundation of the pragmatic jurisprudence that pass judgement on Posner has articulated and defended in his earlier writings, this e-book deals another justification for the excellent Court's determination in Bush v. Gore whereas praising the courtroom for warding off the chaotic results of an unresolved deadlock.

Posner additionally evaluates the functionality of the legal professionals 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 critical flaws within the educational perform of constitutional legislations. whereas rejecting such radical strikes as abolishing the Electoral university or making a nationwide poll, Posner concludes with a close 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 publication is written for and may be welcomed through all who have been riveted via the new quandary of presidential succession.

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