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, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 29 June 2022

Off Balance

Off Balance

(p.192) 12 Off Balance
Bush v. Gore
Bruce Ackerman
Yale University Press

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

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.