LEADER 04459nam 2200673Ia 450 001 9910460015703321 005 20200520144314.0 010 $a1-282-76717-8 010 $a9786612767173 010 $a1-4008-2428-1 024 7 $a10.1515/9781400824281 035 $a(CKB)2670000000044316 035 $a(EBL)581642 035 $a(OCoLC)697175255 035 $a(SSID)ssj0000433849 035 $a(PQKBManifestationID)11311341 035 $a(PQKBTitleCode)TC0000433849 035 $a(PQKBWorkID)10396232 035 $a(PQKB)11002506 035 $a(MiAaPQ)EBC581642 035 $a(MdBmJHUP)muse36088 035 $a(DE-B1597)446234 035 $a(OCoLC)979905124 035 $a(DE-B1597)9781400824281 035 $a(Au-PeEL)EBL581642 035 $a(CaPaEBR)ebr10435981 035 $a(CaONFJC)MIL276717 035 $a(EXLCZ)992670000000044316 100 $a20010402d2001 uy 0 101 0 $aeng 135 $aur|n|---||||| 181 $ctxt 182 $cc 183 $acr 200 10$aBreaking the deadlock$b[electronic resource] $ethe 2000 election, the constitution, and the courts /$fRichard A. Posner 205 $aCore Textbook 210 $aPrinceton, N.J. $cPrinceton University Press$dc2001 215 $a1 online resource (286 p.) 300 $aDescription based upon print version of record. 311 $a0-691-09073-4 320 $aIncludes bibliographical references and index. 327 $tFrontmatter --$tContents --$tPreface --$tChronology of the Deadlock --$tGlossary of Election Terms --$tIntroduction --$tChapter 1. The Road to Florida 2000 --$tChapter 2. The Deadlocked Election --$tChapter 3. The Postelection Struggle in the Courts --$tChapter 4. Critiquing the Participants --$tChapter 5. Consequences and Reforms --$tConclusion --$tIndex 330 $aThe 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, evaluates 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 its 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.Posner also evaluates the performance of the lawyers who conducted the post-election litigation and of the academics who commented on the unfolding drama. He argues that neither Gore's nor Bush's lawyers blundered seriously, but that the reaction of the legal professoriat to the litigation exposed serious flaws in the academic practice of constitutional law. While rejecting such radical moves as abolishing the Electoral College or creating a national ballot, Posner concludes with a detailed plan of feasible reforms designed to avoid a repetition of the 2000 election fiasco.Lawyers, political scientists, pundits, and politicians are waiting to hear what Judge Posner has to say. But this book is written for and will be welcomed by all who were riveted by the recent crisis of presidential succession. 606 $aContested elections$zUnited States 606 $aPresidents$zUnited States$xElection$y2000 606 $aLaw$xPolitical aspects 608 $aElectronic books. 615 0$aContested elections 615 0$aPresidents$xElection 615 0$aLaw$xPolitical aspects. 676 $a324.973/0929 700 $aPosner$b Richard A$0110175 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9910460015703321 996 $aBreaking the deadlock$92456746 997 $aUNINA