Jump to ContentJump to Main Navigation
Bush v. GoreThe Question of Legitimacy$
Users without a subscription are not able to see the full content.

Bruce Ackerman

Print publication date: 2002

Print ISBN-13: 9780300093797

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300093797.001.0001

Show Summary Details
Page of

PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 27 July 2021

Does the Constitution Enact the Republican Party Platform? Beyond Bush v. Gore

Does the Constitution Enact the Republican Party Platform? Beyond Bush v. Gore

Chapter:
(p.177) 11 Does the Constitution Enact the Republican Party Platform? Beyond Bush v. Gore
Source:
Bush v. Gore
Author(s):
Cass R. Sunstein
Publisher:
Yale University Press
DOI:10.12987/yale/9780300093797.003.0012

This chapter argues that the importance of Bush v. Gore lies not so much in what it did as in what it reveals about the nature of the federal judiciary in the current period. Because of Bush v. Gore, it should finally be possible for the American public to disregard the Republican rhetoric about “liberal judicial activism.” We are now in the midst of an extraordinary period of rightwing judicial activism, in which federal judges, far too sure that they are right, feel too free to reject the judgments of other branches of government. In the near future, the Senate should refuse to confirm any Supreme Court nominee who is unable to demonstrate basic respect for democratic prerogatives, of the sort that the current Court has been unwilling to show.

Keywords:   Supreme Court nominee, politics, federal judges, judicial activism

Yale Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.