The Final Arbiter: The Consequences of Bush V. Gore for Law And Politics

by Banks, Christopher P.; Cohen, David B.; Green, John Clifford

• ISBN13: 9780791465363
• ISBN10: 0791465365
• Format: Paperback
• Copyright: 2006-06-01
• Publisher: State Univ of New York Pr

Summary

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.

Table of Contents

LIST OF FIGURES AND TABLES	ix
PREFACE	xi
ONE Bushed and Gored: A Brief Review of Initial Literature	1	(28)
John C. Green
PART I. LEGAL CONSEQUENCES
TWO The Politics of Constitutional Choices in Light of Bush v. Gore (2000)	29	(42)
Christopher P. Banks
THREE Bush v. Gore and the Distortion of Common Law Remedies	71	(16)
Tracy A. Thomas
FOUR Bush v. Gore and Equal Protection: A Unique Case?	87	(20)
Joyce A. Baugh
FIVE Political Equality After Bush v. Gore: A First Amendment Approach to Voting Rights	107	(26)
Daniel P. Tokaji
SIX Bush v. Gore's Place in the Rehnquist Court's Federalism Oeuvre	133	(20)
Ann Althouse
PART II. POLITICAL CONSEQUENCES
SEVEN Governing After Bush v. Gore: The Challenges of Competitive Partisanship	153	(18)
Charles O. Jones
EIGHT Who Needs a Mandate? The Election 2000 Hullabaloo and the Bush Administration's Governing Agenda	171	(20)
Brian J. Gerber and David B. Cohen
NINE Election 2000 and the Future of Electoral Administration: Gauging the Impact of Bush v. Gore on State-Level Electoral Reform	191	(16)
Donald Edward Greco
TEN Election 2000 and Its Impact on Campaign Strategy	207	(18)
Andrew E. Busch
ELEVEN The Impact of Bush v. Gore and Election 2000 on the Judicial Selection Process	225	(24)
John Anthony Maltese
TWELVE Testing the Limits of Democracy: Pragmatic Legitimacy and the Election of 2000	249	(14)
John W. Wells
THIRTEEN Reliving Groundhog Day? The 2004 Presidential Election and the Legacy of Bush v. Gore	263	(8)
David B. Cohen and Christopher P. Banks
LIST OF CONTRIBUTORS	271	(4)
INDEX	275