The Longest Night: Polemics and Perspectives on Election 2000

Front Cover
Arthur Jacobson, Michel Rosenfeld
University of California Press, Oct 28, 2002 - Law - 417 pages
The American presidential election of 2000 was perhaps the most remarkable, and in many ways the most unsettling, that the country has yet experienced. The millennial election raised fundamental questions not only about American democracy, but also about the nation's constitution and about the legitimate role of American courts, state and federal, and in particular about the United States Supreme Court. The Longest Night presents a lively and informed reaction to the legal aftermath of the election by the most prominent experts on the subject. With a balance of opposing views—including those of some of the most distinguished foreign commentators writing on the subject today—the contributors present an unusual breadth of perspectives in addressing the judicial, institutional, and political questions involved in the disputed election. Their commentaries bring the confusion and frenzy of the event into clear focus and lay the groundwork for an essential public debate that is sure to continue well into the future.

The Longest Night contains a thorough chronology of the events in Florida, a detailed account of the institutional structure of American presidential elections, a series of analyses both criticizing and defending the decisions in Bush v. Gore, American perspectives on the Florida struggle and America's electoral system, and a debate on maintaining or reforming the electoral college. The authors include participants in the legal and political battles surrounding the Florida election, foreigners charged with monitoring and supervising elections, and scholars from many disciplines specializing in constitutionalism, democracy, and American election law.

Contributors
 

Contents

The Ghostwriters
13
Cast and Chronology
22
Equal Protection for Votes
47
THE MACHINERY OF DEMOCRACY IN AMERICA
67
A Badly Flawed Election
89
Three Strikes for the Constitution the Court
111
Popular Election of the President without a Constitutional
142
The Unbearable Rightness of Bush v Gore
144
Springtime for Rousseau
250
Machiavelli in Robes? The Court in the Election
256
A View from Jerusalem
279
Constitutional Council Review of Presidential Elections in France
295
Seven Reasons Why Bush v Gore Would Have Been Unlikely
318
A European Perspective on the Millennial
332
Reform or Deform?
347
A Fatally Flawed Institution
361

Arthur J Jacobson
189
Notes for the Unpublished Supplemental Separate Opinions
212
Anatomy of a Constitutional Coup
227
The Many Faces of Bush v Gore
236
A Modest Contribution
371
LIST OF CONTRIBUTORS
397
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