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Bush v. GoreThe Question of Legitimacy$
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Bruce Ackerman

Print publication date: 2002

Print ISBN-13: 9780300093797

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300093797.001.0001

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Off Balance

Off Balance

Chapter:
(p.192) 12 Off Balance
Source:
Bush v. Gore
Author(s):
Bruce Ackerman
Publisher:
Yale University Press
DOI:10.12987/yale/9780300093797.003.0013

This chapter argues that the Supreme Court's intervention in the presidential election places an unprecedented constitutional obligation on the Senate. The Supreme Court nominations of presidents are normally entitled to substantial deference because the president has a direct connection to the national electorate. But Bush v. Gore has disturbed this electoral relationship, transforming the Senate into the only popularly elected institution that can control a runaway Court. During the current period of constitutional disequilibrium, the Senate should exercise its authority to prevent any new appointments to the Court. It should require President Bush to demonstrate that he can win the election of 2004 fair and square before allowing his Supreme Court nominees to determine the future direction of constitutional development.

Keywords:   Supreme Court, Senate, presidential election, President Bush

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