http://www.newyorker.com/talk/content/?041101ta_talk_editorsTHE CHOICE
Issue of 2004-11-01
Posted 2004-10-25
This Presidential campaign has been as ugly and as bitter as any in American memory. The ugliness has flowed mostly in one direction, reaching its apotheosis in the effort, undertaken by a supposedly independent group financed by friends of the incumbent, to portray the challenger—who in his mid-twenties was an exemplary combatant in both the Vietnam War and the movement to end that war—as a coward and a traitor. The bitterness has been felt mostly by the challenger’s adherents; yet there has been more than enough to go around. This is one campaign in which no one thinks of having the band strike up “Happy Days Are Here Again.”
The heightened emotions of the race that (with any luck) will end on November 2, 2004, are rooted in the events of three previous Tuesdays. On Tuesday, November 7, 2000, more than a hundred and five million Americans went to the polls and, by a small but indisputable plurality, voted to make Al Gore President of the United States. Because of the way the votes were distributed, however, the outcome in the electoral college turned on the outcome in Florida. In that state, George W. Bush held a lead of some five hundred votes, one one-thousandth of Gore’s national margin; irregularities, and there were many, all had the effect of taking votes away from Gore; and the state’s electoral machinery was in the hands of Bush’s brother, who was the governor, and one of Bush’s state campaign co-chairs, who was the Florida secretary of state.
Bush sued to stop any recounting of the votes, and, on Tuesday, December 12th, the United States Supreme Court gave him what he wanted. Bush v. Gore was so shoddily reasoned and transparently partisan that the five justices who endorsed the decision declined to put their names on it, while the four dissenters did not bother to conceal their disgust. There are rules for settling electoral disputes of this kind, in federal and state law and in the Constitution itself. By ignoring them—by cutting off the process and installing Bush by fiat—the Court made a mockery not only of popular democracy but also of constitutional republicanism.
A result so inimical to both majority rule and individual civic equality was bound to inflict damage on the fabric of comity. But the damage would have been far less severe if the new President had made some effort to take account of the special circumstances of his election—in the composition of his Cabinet, in the way that he pursued his policy goals, perhaps even in the goals themselves. He made no such effort. According to Bob Woodward in “Plan of Attack,” Vice-President Dick Cheney put it this way: “From the very day we walked in the building, a notion of sort of a restrained presidency because it was such a close election, that lasted maybe thirty seconds. It was not contemplated for any length of time. We had an agenda, we ran on that agenda, we won the election—full speed ahead.”
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