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Bush V. Gore: Exposing the Hidden Crisis in American Democracy [Hardcover]

Charles L. Zelden (Author)
5.0 out of 5 stars  See all reviews (4 customer reviews)

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Book Description

September 2008
The infamous 2000 presidential election produced hanging chads, butterfly ballots, endless recounts, raucous allegations, and a constitutional crisis--until a controversial Supreme Court decision allowed George W. Bush to become president despite losing the popular vote to Al Gore. Charles L. Zelden presents the definitive history of this vexing and acrimonious affair, offering the most complete, up-to-date, and accurate analysis of a remarkable episode in American politics. Zelden probes deeper than any other scholar has sought to do--showing that both the election controversy of 2000 and Bush v. Gore signaled major flaws in our electoral system that remain with us today, exposing a hidden crisis in American democracy.

Zelden, who lives and teaches in Broward County (one of the key recount sites), distills the voluminous literature on Bush v. Gore in his sharply insightful and balanced account of the election crisis and the litigation that followed. Tracing the back-and-forth between concessions and retractions, Gore and Bush attorneys, and state and federal courts, he underscores the extraordinary clock-ticking tension between statutory deadlines governing the electoral process and the desire to have every vote counted and counted accurately.

Zelden offers a nonpartisan analysis of the legal opinions in the case, particularly the Supreme Court's ruling; he explores the judicial philosophy underlying the reasoning of each justice. His book invites readers to consider the case independent of their personal views of the candidates and reorients our view of the crisis to emphasize the failures of the system rather than the election of a president by apparent judicial decree. He sets all of these events, issues, and legal rulings within their proper historical context, making complex issues easy to understand and also reviewing events of the succeeding seven years in light of the decision.

As Zelden shows, the true tragedy of 2000 was the failure of every person and every institution involved--especially the Supreme Court--to take this crisis as an opportunity to diagnose the problems of our broken electoral system and to urge its repair. We may prefer to put this decision behind us, but we ignore it--and its lessons--at our peril.


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Editorial Reviews

From Publishers Weekly

Historian Zelden (Battle for the Black Ballot) offers a comprehensive and thoughtful study of the high-stakes legal drama of the 2000 presidential election. He doggedly documents the strategies of the troops of lawyers from the Bush and Gore camps, the seesaw of court victories and defeats, the transparent machinations of the local political machinery as well as what he views as the prejudices and predilections of the Florida judges who had a role in the dispute. Zelden is especially attentive to the rationales of individual Supreme Court justices, which resulted in the Court's opinion in Bush v. Gore. But Zelden's most heartfelt point is that the electoral process—the bedrock of democracy—is broken, and that without significant reform American democracy is threatened. Zelden suggests that the U.S. needs a uniform national electoral system that leaves no wiggle room for partisan local officials. The details of the Bush v. Gore dispute may seem stale to some readers, but Zelden's concerns about restoring the integrity of the electoral process are provocative and timely. (Sept. 4)
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.

Review

"A thorough analysis of the election's legal issues and their aftermath." -- Library Journal

"Comprehensive and thoughtful . . . Zelden's concerns about restoring the integrity of the electoral process are provocative and timely." -- Publishers Weekly

"A must-read for anyone who cares about the future of American democracy." --Dallas Morning News

Product Details

  • Hardcover: 390 pages
  • Publisher: University Press of Kansas (September 2008)
  • Language: English
  • ISBN-10: 0700615938
  • ISBN-13: 978-0700615933
  • Product Dimensions: 9.1 x 6.4 x 1.3 inches
  • Shipping Weight: 1.7 pounds (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (4 customer reviews)
  • Amazon Best Sellers Rank: #1,734,413 in Books (See Top 100 in Books)

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8 of 8 people found the following review helpful:
5.0 out of 5 stars Essential reading for anyone concerned about American democracy, October 10, 2008
This review is from: Bush V. Gore: Exposing the Hidden Crisis in American Democracy (Hardcover)
If you thought you never wanted to hear or read another word about BUSH v. GORE, you must read this definitive examination of the most controversial Supreme Court case in modern times. Charles L. Zelden, an expert scholar of the history of voting rights and the American South, writes clearly and directly, without a wasted word. And even though you know the ending, you keep reading because this book is so well crafted and its story so well told. The research is thorough, scrupulous, and easily followed. Zelden has done a fine job of blending conventional primary sources such as legal briefs, court cases, and newspaper, magazine, and book accounts with Internet sources; his judgment is always sound, and you can take his research to the bank and get a loan on it.

With all these virtues, the book's most important achievement is its central thesis. The story of BUSH v. GORE is about more than the bitter contest over who would be declared the winner of the 2000 presidential election. Zelden proves that BUSH v. GORE is the tip of a great and threatening iceberg. In Zelden's view, the American electoral system is broken, and BUSH v. GORE was the danger signal that we all should have heeded. This argument has nothing to do with the electoral college. Instead it has to do with the ways that we register voters, cast votes, tabulate votes, and count votes. For at least two generations, we have run our elections on the cheap -- entrusting them (for reasons mixing constitutional habit, laziness, and stinginess) to local partisan officials; tolerating widespread disparities in voting methods; and allowing our electoral infrastructure to deteriorate over time while we tell ourselves that every vote counts and every vote is counted.

Zelden does an extraordinary job of historical detective work, in establishing how a political contest turned into several different kinds of legal brawl, and how the tangled set of cases making up the BUSH v. GORE litigation made its want to the Supreme Court. His careful analysis of why the Justices formed their views and then decided the case the way they did is a model for any student of the Court's workings. Most important of all, in Zelden's fast-paced and persuasive study, two points about the Court's handling of BUSH v. GORE loom large:

* First, the Court could and should have made its position that the equal-protection clause of the Fourteenth Amendment should govern issues of administering elections the law of the land rather than limiting that principle to the facts of the case. Such a principle would have revolutionized federal elections law and led to uniform national standards for conducting elections and voting, eliminating the crazy-quilt pattern of pointless diversity that plagues all elections to this day.

* Second, the Court could and should have put the nation on notice that the ways that we run elections today threaten to undermine constitutional democracy and require immediate fixing. A mandate of that sort, issued by either a unanimous Court or a seven-vote majority, would have forced the rest of the government into action to remedy the problems that led to BUSH v. GORE.

The Court failed to do both these things, rendering BUSH v. GORE an opportunity lost -- or, perhaps, an opportunity thrown away.

Zelden concludes that the situation we saw in BUSH v. GORE could have happened in any one of the fifty states in 2000 -- and could happen again today.

This book is essential reading for anyone who cares about democracy and the idea that in the United States, the people govern.

I have known Charles Zelden for a long time, and I read this book in manuscript. Even the demands of friendship would not have benn enough to keep me reading had this book not been as good as I've described.
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4 of 4 people found the following review helpful:
5.0 out of 5 stars A gripping tale!, October 21, 2008
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This review is from: Bush V. Gore: Exposing the Hidden Crisis in American Democracy (Hardcover)
Dr. Zelden has written a gripping tale of the 2000 Bush v. Gore election. He offers a unbiased analysis of the case, exploring the philosophy underlying the actions of each justice. He invites us to reconsider the case apart from our personal views of the final outcome, and emphasizes the failures of the election SYSTEM, rather than the election of a president by judicial decree. The writing is excellent and the editing very well done. The only thing I might change is to add an early chapter exploring the wide variety of state laws that implement our system of indirectly electing an electoral college instead of directly voting for president. A close look at our election laws is like watching sausage being made. It will alarm the reader and demonstrate the need for increased uniformity.

Read this book before Nov. 4, 2008. It will convince you to vote early!
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3 of 3 people found the following review helpful:
5.0 out of 5 stars A Must Read This Election Season, October 17, 2008
This review is from: Bush V. Gore: Exposing the Hidden Crisis in American Democracy (Hardcover)
There could not be a more timely book than Charles Zelden's Bush v. Gore. Now would be the perfect time to pick up this book and learn what we, as a country, are facing with our almost precarious process of electing a president. This book is both comprehensive and well written. In spite of its detail, it reads like a detective novel. This book will be the go to source in years to come for those who want to read about the 2000 election--both for students doing research and for the reader looking for a gripping story to read. The Timeline of Events in Appendix 1 is invaluable. Zelden has written an evenhanded account that is destined to be the classic and definitive account of the election of 2000. We can hope that future elections do not necessitate a sequel.
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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
state canvassing commission, countywide recount, curiam majority, equal protection remedy, postelection crisis, safe harbor deadline, provisional balloting, canvassing boards, certification deadline, canvassing board members, county canvassing board, contest phase, military ballots, wrong precinct, overseas absentee ballots, full recount, provisional ballots, determining voter intent, recount process, undervote ballots, manual recount, voter database, partial recounts, statewide recount, proper vote
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Florida Supreme Court, Palm Beach County, Election Day, United States, Katherine Harris, Self-Inflicted Wound, Electoral College, Chief Justice Rehnquist, Miami-Dade County, Florida Hurricane Heading, Democratic Party, Duval County, The Ticking of the Clock, African American, Broward County, Eye of the Beholder, The Battlefield of Litigation, David Boies, Division of Elections, Justice Scalia, Justice Souter, Justice O'Connor, New York Times, Martin County, Justice Stevens
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