A Tale of Two Democracies

33 Pages Posted: 12 Nov 2002

See all articles by Edward J. McCaffery

Edward J. McCaffery

USC Gould School of Law

Ann N. Crigler

University of Southern California - Department of Political Science and International Relations

Marion R. Just

Wellesley College

Date Written: 2002

Abstract

The generally heated scholarly and political debates over Bush versus Gore, the election, and Bush v. Gore, the case, can be seen to relate to two competing visions of democratic theory and the role of the vote therein. Minimalists such as Richard Posner have low expectations for the role of individual voter participation; such theorists view the 2000 presidential election as a statistical tie that had to be broken, one way or another, and the U.S Supreme Court's role in breaking it as a perfectly acceptable, pragmatic act. Participatory democrats such as Cass Sunstein and Lani Guinier, in contrast, see individual voting as the constitutive act of democracy, and consider Bush v. Gore to be a violation of that process. In this Introduction to an edited volume, the authors trace out these competing theories and their implications for the politics of and prospects for voting reform in the United States.

Suggested Citation

McCaffery, Edward J. and Crigler, Ann N. and Just, Marion R., A Tale of Two Democracies (2002). McCaffery, Edward J., Crigler, Ann N., and Just, Marion R., RETHINKING THE VOTE: THE POLITICS AND PROSPECT OF AMERICAN ELECTION REFORM, Oxford University Press, Spring 2003. Available at SSRN: https://ssrn.com/abstract=337680 or http://dx.doi.org/10.2139/ssrn.337680

Edward J. McCaffery (Contact Author)

USC Gould School of Law ( email )

699 Exposition Boulevard
Los Angeles, CA 90089
United States
213-740-2567 (Phone)
213-740-5502 (Fax)

Ann N. Crigler

University of Southern California - Department of Political Science and International Relations ( email )

327 VonKleinSmid Center
University Park
Los Angeles, CA 90089-0044
United States
213-740-8964 (Phone)

Marion R. Just

Wellesley College ( email )

Pendleton East 244
106 Central Street
Wellesley, MA Massachusetts 02481
United States
7812832206 (Phone)
7812832206 (Fax)

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