The Final Arbiter

John C. Green - Editors, David B. Cohen, Christopher P. Banks

Description

The resolution of the 2000 presidential election by the U.S. Supreme Court's Bush v. Gore decision generated an extraordinary outpouring of literature in a very short period of time. Now that the initial furor over the decision has subsided, The Final Arbiter presents a sober consideration of the consequences of the decision for the law, the presidency, and the legitimacy of the American political system. The contributors include well-established names in law and political science, as well as up-and-coming scholars, offering a broad understanding of Bush v. Gore's long-term impact. This book will be useful as a classroom text in both survey courses on elections and the courts and for advanced courses that consider the impact of judicial rulings on the government and political process.

LIST OF FIGURES AND TABLES

PREFACE

1. Bushed and Gored: A Brief Review of Initial Literature
John C. Green

PART I. LEGAL CONSEQUENCES

2. The Politics of Constitutional Choices in Light of Bush v. Gore (2000)
Christopher P. Banks

3. Bush v. Gore and the Distortion of Common Law Remedies
Tracy A. Thomas

4. Bush v. Gore and Equal Protection: A Unique Case?
Joyce A. Baugh

5. Political Equality after Bush v. Gore: A First Amendment Approach to Voting Rights
Daniel P. Tokaji

6. Bush v. Gore's Place in the Rehnquist Court's Federalism Oeuvre
Ann Althouse

PART II. POLITICAL CONSEQUENCES

7. Governing after Bush v. Gore: The Challenges of Competitive Partisanship
Charles O. Jones

8. Who Needs a Mandate? The Election 2000 Hullabaloo and the Bush Administration's Governing Agenda
Brian J. Gerber and David B. Cohen

9. Election 2000 and the Future of Electoral Administration: Gauging the Impact of Bush v. Gore on State-Level Electoral Reform
Donald Edward Greco

10. Election 2000 and Its Impact on Campaign Strategy
Andrew E. Busch

11. The Impact of Bush v. Gore and Election 2000 on the Judicial Selection Process
John Anthony Maltese

12. Testing the Limits of Democracy: Pragmatic Legitimacy and the Election of 2000
John W. Wells

13. Reliving Groundhog Day? The 2004 Presidential Election and the Legacy of Bush v. Gore
David B. Cohen and Christopher P. Banks

LIST OF CONTRIBUTORS

INDEX

Sujets

• Constitution

Informations

• Publié par: State University of New York Press
• Date de parution: 01 février 2012
• Nombre de lectures: 0
• EAN13: 9780791482841
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

The Final Arbiter

SUNY series in American Constitutionalism

Robert J. Spitzer, editor

T H E F I N A L A R B I T E R

The Consequences of Bush v. Gore for Law and Politics

Edited by

C H R I S T O P H E R P. B A N K S , D AV I D B . C O H E N , J O H N C . G R E E N A N D

S T AT E U N I V E R S I T Y O F N E W Y O R K P R E S S

Published by S TATE U NIVERSITY OF N EW Y ORK P RESS A LBANY

© 2005 State University of New York

All rights reserved

Printed in the United States of America

No part of this book may be used or reproduced in any manner whatsoever without written permission. No part of this book may be stored in a retrieval system or transmitted in any form or by any means including electronic, electrostatic, magnetic tape, mechanical, photocopying, recording, or otherwise without the prior permission in writing of the publisher.

For information, address State University of New York Press 194 Washington Avenue, Suite 305, Albany, NY 12210-2384

Production, Laurie Searl Marketing, Susan Petrie

Library of Congress CataloginginPublication Data

The final arbiter : the consequences of Bush v. Gore for law and politics / edited by Christopher P. Banks, David B. Cohen, and John C. Green. p. cm. — (SUNY series in American constitutionalism) Includes bibliographical references and index. ISBN 0-7914-6535-7 (hardcover : alk. paper) 1. Bush, George W. (George Walker), 1946—Trials, litigation, etc. 2. Gore, Albert, 1948—Trials, litigation, etc. 3. Contested elections—United States. 4. Political questions and judicial power— United States. 5. United States. Supreme Court. 6. United States— Politics and government—2001– 7. Law and politics. I. Banks, Christopher P. II. Cohen, David B., 1967– III. Green, John Clifford, 1953– IV. Series.

KF5074.2.F56 2005 320.973—dc22

10

2004029608

 9 8 7 6 5 4 3 2 1

Dedicated to the memory of our colleague

Marian Miller (1950–2003).

Her passion for politics and justice is a model for us all.

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Contents

List of Figures and Tables

Preface

One

Two

Three

Four

Five

Six

Bushed and Gored: A Brief Review of Initial Literature John C. Green

Part I. Legal Consequences

The Politics of Constitutional Choices in Light ofBush v. Gore(2000) Christopher P. Banks

Bush v. Goreand the Distortion of Common Law Remedies Tracy A. Thomas

Bush v. Goreand Equal Protection: A Unique Case? Joyce A. Baugh

Political Equality AfterBush v. Gore: A First Amendment Approach to Voting Rights Daniel P. Tokaji

Bush v. Gore’s Place in the Rehnquist Court’s Federalism Oeuvre Ann Althouse

ix

xi

1

29

71

87

107

133

Testing the Limits of Democracy: Pragmatic Legitimacy and the Election of 2000 John W. Wells

Reliving Groundhog Day? The 2004 Presidential Election and the Legacy ofBush v. Gore David B. Cohen and Christopher P. Banks

Election 2000 and the Future of Electoral Administration: Gauging the Impact ofBush v. Goreon State-Level Electoral Reform Donald Edward Greco

Election 2000 and Its Impact on Campaign Strategy Andrew E. Busch

The Impact ofBush v. Goreand Election 2000 on the Judicial Selection Process John Anthony Maltese

207

171

Who Needs a Mandate? The Election 2000 Hullabaloo and the Bush Administration’s Governing Agenda Brian J. Gerber and David B. Cohen

Part II. Political Consequences

Governing AfterBush v. Gore: The Challenges of Competitive Partisanship Charles O. Jones

249

Eight

Twelve

Ten

List of Contributors

Thirteen

Index

Nine

275

263

153

271

Eleven

viii

Seven

T H E F I N A L A R B I T E R

191

225

Figures and Tables

F I G U R E S

2.1 Public Opinion on Legitimacy of George W. Bush 2.2 Public Opinion on Legitimacy of George W. Bush, by Voter Choice 2.3 Public Opinion on Legitimacy of George W. Bush, by Race 2.4 Public Opinion on Confidence in the U.S. Supreme Court 2.5 Public Opinion on Confidence in the U.S. Supreme Court by Voter Choice 2.6 Public Opinion on Confidence in the U.S. Supreme Court I by Party Affiliation 2.7 Public Opinion on Confidence in the U.S. Supreme Court II by Party Affiliation 2.8 Judicial Vacancies and Nominations, 2001 2.9 Judicial Vacancies and Nominations in U.S. Courts of Appeals, 2001 2.10 Judicial Vacancies and Nominations in U.S. District Courts, 2001

9.1 9.2

TA B L E S

Electoral Reform in the States after the 2000 Election The Correlates of Electoral Reform: Political Dominance and Competition

ix

48

49 50 51

52

53

54 58

59

60

200

202