PART I: BUSH V. GORE'S LEGACY: The Presidency and the Supreme Court After Bush v. Gore: Implications for Institutional Legitimacy and Effectiveness Skip over navigation
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Copyright (c) 2002 Board of Trustees of the Leland Stanford Junior University
Stanford Law & Policy Review

PART I: BUSH V. GORE'S LEGACY: The Presidency and the Supreme Court After Bush v. Gore: Implications for Institutional Legitimacy and Effectiveness

2002

13 Stan. L. & Pol'y Rev 101

Author

Jeffrey L. Yates * and Andrew B. Whitford **

Excerpt

I. INTRODUCTION

The 2000 presidential election between Albert Gore, Jr., and George W. Bush was the closest race for the executive office in recent times; Gore's margin over Bush in the popular vote was 0.51 percent 1 and the electoral vote margin was four votes in favor of Bush. Bush's inauguration on January 20, 2001 made him the first president since Benjamin Harrison in 1888 to win the electoral vote but lose the popular vote.

While these statistics show the national electorate's complete division in choosing the next president, they mask the underlying mechanisms of governance that came into play during the months required to reconcile the competing claims of the candidates. Traditional studies of presidential election politics concentrate on the months preceding the single day on which the nation expresses its opinion about the national leadership of the country for the next four years. 2 In this case, studies must grapple with those months that followed November 7, 2000 to explain how our constitutional mechanisms of governance and conflict resolution interpreted national opinion.

The election and the Court's decision are now more than a year behind us, and we have witnessed a new national focus following the traumatic events of Sept. 11, 2001, through which we may view the political repercussions of the Court's decision in Bush v. Gore. 3 In this article we assess the ramifications of the Court's decision for the legitimacy and effectiveness of the presidency and the Court. In Part I, we briefly explore ...
 
 
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