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Death came as a release for Daniel Singer on December 2, but we feel like protesting its rude intrusion. In one of the last things he wrote for us, a review of some books about Sartre, he quoted a friend's son, on the day of the French philosopher's funeral. Asked where he had been, he said he was coming "from the demo against the death of Sartre." We'd like to join a demo against the death of Daniel. Better, though, would be one celebrating the life of our valued colleague, The Nation's Europe correspondent for nearly twenty years.
He wrote about many a demo in his reports to us, incessantly probing for signs of vitality on the European left--or the rot of fascism on the far right. During the 1980s, as Reaganism and Thatcherism blanketed the Continent, he seemed, at times, one of the few remaining Marxists. A protégé of the great Marxist intellectual Isaac Deutscher, he held a steadfast faith in democratic socialism but not in any hard doctrinal way. Indeed, the book of his that prompted Victor Navasky to send associate editor Kai Bird to Paris in 1981 to talk to Daniel about writing regularly for us was The Road to Gdansk, a study of Solidarity, which he presciently celebrated as the first crack in the monolith of Soviet Communism and another exemplar of the power of working people to change the world, which was his abiding faith.
When the neocon intellectuals of France, here and elsewhere jumped aboard the funeral hearse of socialism, Daniel stood defiantly on the sidelines. He never modified his conviction that capitalism's injustices were as glaring after the wall fell as they were before. In his last book, Whose Millennium? Theirs or Ours? he ended with a ringing affirmation: "We are not here to tinker with the world, we are here to change it!"
We'll miss Daniel--his wisdom, his courtly kindness, his brilliance, the stubborn courage that carried him through, from his Polish boyhood before World War II when, as a self-styled "deserter from death," he narrowly escaped the Holocaust, until the end. Before he died, he sent readers the following message:
"These are the last words I shall write to The Nation. With my normal absence of modesty I believe that over the years I acquired a radical readership. Radical need not mean sure of itself; nor does it rule out compromises and calculations. But a 'Luxemburgist socialist' (the definition I like best) could not resign himself to the idea that with the technological genius at our disposal we are unable to build a different world. Nor can we accept the fashion that capitalism will vanish without a vast social movement from below.
"That something can happen does not mean that it will happen. I, for one, shall not see this world. Yet, I am departing with the feeling that on the whole I have followed the right road and even with a degree of confidence. Among my young interns, Carl Bromley and his companions, among the youthful fighters from Seattle to Seoul, one can detect a refusal of resignation. You must join them as they now begin to show the way."
Let the chattering classes focus on chads and undervotes and Florida recounts and what the courts--state and federal, all the way up to the Supreme Court--would or wouldn't do. Let us not forget that the candidate who won the national popular vote falls only three votes short of a clear Electoral College majority even without Florida. If on December 18, the day the Electoral College convenes to cast its ballot, three Republican electors decide on their own to vote for him, all the speculation is moot.
Our purpose is to argue that our three hypothetical electors should so decide and that American democracy would be the better for it. And that this particular election, because it is so close and because it has raised fundamental issues of voting rights, provides the right historic moment for such a gesture. In 1960, another close election, Ted Lewis argued in The Nation that there was such revulsion against the Electoral College that it "would certainly now be on its way out" if it hadn't "functioned on November 8 in accordance with the national will."
Election 2000's clouded outcome has highlighted some glaring flaws in our electoral system--uncounted votes, confused voters, voters rejected (see David Corn, on page 5)--which has stimulated a growing sentiment for reform. And so while the country's mood is hospitable to reform, why not abolish the most undemocratic institution of all--the Electoral College?
That's where our hypothetical three electors come in. By casting their votes for the popular-vote winner, in the short run they would guarantee the election of the man who won the popular vote; but more important, in the long run such a gesture might break the antidemocratic stranglehold of the Electoral College on American politics. Let's be clear: We are not urging them to vote for the popular-vote winner because we support Al Gore. We are urging them to cast such a vote because it would be the right thing to do--legally, morally and politically.
It will immediately be objected that what we are proposing is an invitation to electoral anarchy, that history has rightly stigmatized the thirteen electors who switched their votes in previous presidential elections as "faithless electors." Besides, Vice President Gore himself has said he would "not accept" Republican electors. But the Vice President has no say about the matter, any more than he has a say about not accepting the vote of those whose party affiliations or (political) motives he finds repugnant. Even a Gore concession speech doesn't bind the electors.
As for those faithless electors, we would argue that if you have a system of electors instead of direct democracy, the possibility of defection goes with the package. What is more, if three or more Republican electors decide to cross over, far from creating electoral anarchy, their actions would be legally defensible, morally beneficial and politically desirable.
Legally, because under the Electoral College electors are not bound by the Constitution to follow the popular vote, and in twenty-four states they remain free to vote their conscience. In twenty-six others they are required by state law to follow the popular vote. Scholars like Akhil Reed Amar and Mark Tushnet argue that electors are totally free agents.
Morally, because their action would prevent the presidency of a man who lost the popular vote. It also brings us a step closer to the democratic ideal of one person, one vote. The Electoral College was created by the Framers under a deal with the slaveholding states to give those states added clout in the new Union. The Framers distrusted the popular will. As Alexander Hamilton wrote in The Federalist Papers, "A small number of persons, selected by their fellow-citizens from the general mass, will be most likely to possess the information and discernment requisite to such complicated investigations" to choose the "Chief Magistrate." They did not anticipate political parties or the current practice of electors pledging to vote in accordance with the popular vote in their state.
Politically, because ultimately the fortunes of both parties--and minority parties as well--would be strengthened by a more democratic government. The smaller states now wield disproportionate influence in elections. And without the need to troll for electoral votes, candidates would be motivated to campaign in all fifty states, not merely the big contested ones.
Passing a constitutional amendment to abolish the Electoral College will not be easy. But the dramatic gesture of three electors or more defying the Electoral College could concentrate the nation's attention wonderfully and help jump-start a movement for reform. It might at least stimulate collateral reforms in the states, along the lines of the present systems of appointing electors in Maine and Nebraska, only carrying it further.
In the past, faithless electors were eccentric loners. This year they could be electors of conscience--the people's electors. Their action would cause a firestorm in the House. But such high constitutional drama would open a national debate on the legitimacy of the Electoral College. It's time to start that debate.
(Another Republican sea chantey)
They all went down to stop Miami-Dade
From making counts the judges had OK'd.
Unlikely toughs, with ties and crisp white shirts,
They went to hand Al Gore his just deserts.
So, noisily, they jammed into the hall.
Then Sweeney, from the House, began to call.
Shut it down, shut it down, shut it down.
The first machine vote's truly holy.
Shut it down, shut it down, shut it down,
With a heave-ho-ho and a bottle of Stoly.
One congressman by whom they had been sent:
DeLay in name, and also in intent.
Prepared to knock a head or bust a snout
To show what our democracy's about,
They bumped some chests and maybe pulled some hair,
And Sweeney's martial call stayed in the air:
Shut it down, shut it down, shut it down.
The rule of law is holy, too.
Shut it down, shut it down, shut it down.
With a heave-ho-ho and some microbrew.
I write from shipboard, on the Nation cruise. The boat has just pulled away from port and chugs toward the horizon, leaving land behind. We are fourth in a line of cruise ships departing the harbor at sunset, all glittering in a blaze of orange and pink and turquoise. I look back at the shore and think: America. What a beautiful, rich, blessed land we live in. What more than the land itself could Coronado and Ponce de León have been seeking? Why gold? Why youth? Why even piña coladas? The pure pleasure of this place ought to have been enough.
And yet... it is a mixed sensation, for I am also relieved to see the land receding just now, suspended as we are in the tense limbo of this, the first week of December 2000. It is good to leave behind Rush Limbaugh's meanspirited radio transmissions, the foaming attacks on Jesse Jackson, the use of insulting stereotypes of black people to attack Al Gore and Bill Clinton. It is a relief to take a break from the contemptuous public disrespect for the function of courts, the role of lawyers, the intentions of voters, the requirements of process. As Florida slips beneath the horizon, and CNN's signal crackles and grows fuzzy, I feel like a black-single-mother version of Henry David Thoreau, only standing at the brink of a much bigger and much deeper pond: "To me, away there in my bean-field at the other end of the town, the big guns sounded as if a puffball had burst; and when there was a military turnout...I have sometimes had a vague sense all the day of some sort of itching and disease in the horizon."
What a time we live in. On November 7, I stayed up late like everyone else, listening to National Public Radio on my Walkman. I fell asleep with the headphones on sometime in the wee hours of November 8, exhausted by the flummoxed newscasters' frantic flips and flops. Gore was winning when I lost consciousness. When I awoke hours later, the tinny sound in my ears had changed: A sneering, gleeful voice was making fun of Florida's elderly and "NEEE-gro" voters. I lay frozen. What I didn't know was that NPR is only a hair's bandwidth away from The Howard Stern Show and that in my sleep I had apparently flipped and flopped as much as the results, enough to move the dial a fraction. So it was that my first waking thought was: "Dear God, George Bush won, and they've taken over NPR. The revolution has begun."
It's been all downhill from there. Over the days and weeks since, we have witnessed an eerily exact re-enactment of the tie that led up to the Hayes-Tilden compromise of 1876, as a result of which the federal government pulled troops out of the post-Civil War South. This in turn led directly to the collapse of Reconstruction and the vengeful reassertion of that brand of separatist white supremacy so vividly depicted in D.W. Griffith's Birth of a Nation.
In the weeks since, we have heard George Bush say that it's the executive's job to interpret the law, an idea that Augusto Pinochet surely would endorse. We have watched another Ryder truck (remember Timothy McVeigh?) make its way into the annals of American history. We have shared yet one more "O.J. moment," as Floridians lined the streets to watch the truck speed by, cheering, hooting and taking photos. And given that America's most precious natural resource turns out not to have been gold but rather the entertainment industry, we have been graced with enough material from which to spin conspiracy plots for years and years to come. I see blockbusters like Elián's Revenge, Jeb Jimmies the Lockbox, and of course, The South Shall Rise Again.
In the weeks since November 8, my cruel British friends have had a field day. So soon after the last fiasco, so soon after the spectacle of the Inquisition-style moralists who tried to impeach Bill Clinton, I find myself explaining American peculiarities yet again to the exceedingly upbeat English. They twitter on in the most condescending way about former colonies that simply aren't ready to govern themselves. I try to be serious and explain the Electoral College. They say they are quite informed about American history, thank you very much, and could I please explain why only three-fifths of Florida's electorate was counted while at the same time three-fifths of the people who have declared George Bush a winner are related to him? Is it fuzzy math or fuzzy brain that keeps Americans from noticing that Bush's margin of victory is about the same as the number of people he has executed in Texas?
"You lot got your knickers in quite a knot this time, eh?" gloat the Cruel British Friends.
"A real atomic wedgie," I concede.
In the postelection weeks, my sleep has been troubled by strange visions. I dream that Al Gore and George Bush are standing in the ring at Madison Square Garden, Gore bouncing up and down in his Harvard boxing shorts and nice new leather gloves, Bush trying to look presidential while wearing a Hell's Angels vest, swinging a chain and hiding a switchblade.
Another night I dream that Bush is President, and, first thing, the neural pathways for Croatians and Koreans get crossed in his brain. He ends up thinking they're all "Corians" and while his advisers are out finding floor samples, he drops bombs on the nearest thing he can find on a map--which would be those poor doomed Grecians. World War III breaks out, world markets plunge and the sublimina-limina-lominable hordes sweep down from the north, south, east and west.
Other times I dream I am arguing before the Supreme Court, and Bush appointee Kenneth Starr is our new Chief Justice. The United States Constitution is a jewel, I say, whose multifaceted brilliance takes time, polishing and the infinite honing of years of courtroom argumentation by the finest minds dressed in Brooks Brothers suits, blah, blah, blah. The dream always ends with just that: blah, blah, blah.
Anyway, back onboard the Nation cruise, I turn my attention to preparing my remarks for the first morning's panel, titled--I restrain myself from comment--"The Nation At Sea: Where Are We Headed?" I furrow my brow and chew my pencil. I stare at the blank white paper. "Paris," I write at last.
Amid all the partisan sniping, talking-head screeching and judicial decisions, there are two indisputable facts that go far toward explaining the true tragedy of the Florida recount.
Fact one: In this election, punch-card voting machines recorded five times as many ballots with no presidential vote as did the more modern optical-scanning systems. A New York Times analysis of forty-eight of the state's sixty-eight counties found that 1.5 percent of the ballots tallied under the punch-card method showed no vote at the top of the ticket, while only 0.3 percent of the ballots counted by the newer machines registered no vote for the President. An Orlando Sun-Sentinel examination concluded that counties using the best optical-scanning method recorded presidential votes on more than 99 percent of the ballots, and counties using the old punch-card devices counted presidential votes on only 96.1 percent of the ballots.
Fact two: Punch-card machines were more widely used in areas where low-income and African-American citizens vote. Two-thirds of the state's black voters reside in counties using punch cards, while 56 percent of white voters do.
Put these two undeniable facts together and the conclusion is inescapable: A statistically significant slice of the Florida electorate was disfranchised by voting technology. That is, a disproportionate number of voters done in by the error-prone punch-card machines were low-income and black Floridians, who generally favored Al Gore over George W. Bush. Presumably, some no-vote ballots actually did not include a vote for President. But given the closeness of the election--decided by .008 percent--it is likely that presidential votes missed by the punch-card machines would have decisively affected the contest. Bush "won"--among other reasons--because of voting-machine discrimination.
This crucial part of the tale has been overwhelmed by dimple-mania and the usual campaign back-and-forth. But ten days after the election, the Sun-Sentinel reported that "Florida's different vote-counting machines resulted in more GOP votes." For example, Brevard County, the home of space-shuttle launches, spent $1 million on more advanced machines in 1999, moving from punch-card tabulators to optical scanning machines that read pen-marked ballots (and that immediately return to the voter a ballot with a problem). Under the new system, the voting machines in this Bush-leaning county found presidential votes on 99.7 percent of the ballots. In 1996 the county's punch-card machines read presidential votes on 97.2 percent. Which means Bush, thanks to the upgrade, likely banked an additional 453 votes for his statewide total--practically his post-recount victory margin. The paper noted that the twenty-five counties that used the punch-card machines went for Gore over Bush 51.8 percent to 46 percent and produced 144,985 ballots with unrecorded presidential votes. Had the people who cast these ballots entered voting booths equipped with the more efficient machines, Gore no doubt would have collected hundreds--if not thousands--more votes than Bush.
There have been allegations that black Floridians encountered racial intimidation at voting sites. (The Justice Department has initiated an informal assessment, not an investigation.) And Bush benefited from the all-too-routine bias by which minority areas receive poorer government services. Unfortunately not just for Gore but for the victims of this quiet bias in Florida, this inequity was unaddressed by the Florida circuit court and the US Supreme Court, partly because the Gore campaign didn't raise it.
The Gore legal challenge focused on 14,000 or so supposedly no-vote punch-card ballots in Miami-Dade and Palm Beach counties, not the statewide problem, and called for a manual review only of those ballots. The Veep's lawyer did not argue that the county-by-county patchwork voting system operated less effectively for blacks, a constituency that Democrats rely on to win elections. In his ruling against Gore, Circuit Judge N. Sanders Sauls noted that the record "shows error and/or less than total accuracy in regard to the punch-card voting devices utilized in Dade and Palm Beach Counties." But Sauls declared that Gore's legal team had not established "a reasonable probability" that the statewide results would turn out differently if those ballots were counted in a better fashion. Either Gore's attorneys screwed up big by not making this point more obvious--which they might have done had they filed contests based on the wider issue--or Sauls misread the math. As for the US Supreme Court, it displayed no eagerness to adjudicate such a touchy and fundamental voting-rights matter as systematic disfranchisement through technology. Its decision--in which it told the state Supreme Court to try again--indicates that the Court wanted to approach the Florida case narrowly, at least in the first go-round.
If a system is decisively skewed to one group's advantage, does that amount to theft? Or is that just the way it is? Clearly, a more equitable vote-counting system in the state--punch-cards for all or optical-scanners for all--would have yielded a different final count. This is an injustice that no court has confronted, on which Bush may well ride into the White House, and that should not be forgotten.
The Oakland Raiders lost by one point Sunday, and it was all my
fault. My concentration as their most fanatical fan was broken by
constantly switching to CNN to watch overpriced lawyers in a
mud-wrestling contest in the Leon County Circuit Court. What was I
thinking? How could my priorities be so screwed up?
The Super Bowl is still a prize worth pursuing, but the presidential
race doesn't matter anymore. The declared winner of that contest will be
the loser, done in by the unrelenting hostility of the opposing crowd
jamming his signal-calling. Even his most ardent supporters, with an eye
on the 2002 Congressional elections, are anxious as they watch their man
kill the clock. Whichever way the Florida skirmish goes when it's finally
over, for the next two years, George W. Bush and Al Gore will smash
repeatedly, for little or no gain, into a very crowded center.
Sure, I'll continue to be outraged at the Bush franchise for pulling
off a bogus victory in Florida, giving their man the title despite being
357,852 points behind in the national score. But after mulling this over
while I wait for the pundits' parking lot to clear, I've concluded this
rigged defeat will be good for the Dems' team, which will come back all
the tougher to win another day. Back to the practice field to work on
Anyway, it's time to turn off the TV and get a life. I just can't
watch any more of those instant replays of disconnected chads and folksy
judges. Enough with the coaches' appeals to the refs to see if man or
nature, i.e. the ground, caused the fumble.
Gore did fumble, but he's played much better in the postseason, and
even though he's almost a sure loser, he's a cinch to be be re-signed by
the Democrats as their chief signal-caller for the next season. If Bush
remains sulking in the locker room, as he has in the past weeks, his
performance as President will leave the fans demanding Gore's return.
The good news is that recruiting for the progressive side is going
very well. Hillary Rodham Clinton may have to redshirt for a few years
while she learns the ropes, but I'm betting on her to be leading the
league in no time. Trent Lott should have been thrown out of the game for
his un-sportsman-like conduct suggesting that Hillary might be hit by
lightning before she was able to take her place in the Senate, but it
will only make her a stronger force. Then there's Maria Cantwell, who
pulled off a big one for the Dems in Washington state last week, which
the league finally certified. With four first-round draft picks who are
strong pro-choice women added to the Senate, it's the end of the season
for overturning Roe v. Wade. Beginning with abortion, in fact, forget
any serious sweep to the right on social issues, or you can kiss
Republican chances goodbye next time.
Cantwell's victory brings the Dems up to equal strength in the Senate
if Bush is president, and ahead by a lone Republican vote if Gore should
pull off a miracle and claim victory (thus taking Joe Lieberman out of a
Senate seat that would go to a Republican). In either case, a single
defection, say of John McCain, who has already stated he won't be
following Lott's game plan, could change the outcome.
The big play in the next Congress will be a McCain-Feingold campaign
finance reform end-run that neither Lott nor the House Republican
leadership will be able to block. That's a rule change giving the fans in
the cheaper seats a say, which Bush wouldn't dare to veto.
If the Republicans can still count the trainers' fingers, they know
that the unexpected pickup of four Democrats in the Senate and the
popular vote victory of Gore secures Bill Clinton's place as a
hall-of-famer. Bush only did as well as he did because he stole from the
That should put Tom DeLay and his right-wing cowboys in the House out
of contention no matter who's the president. Remember that guy Gingrich,
who used to play for them? In the end, he was nothing but trash talk;
even the Capitol groundskeepers forgot his name.
Sounds like a lot of wait-until-next-year hype? Maybe, but, remember,
I'm a Raiders fan. We know nothing ever goes as expected, not even the
name of your hometown. We know this is no time for false confidence,
because the refs are always against us, and the owner of our team has a
way of selling us out just when we think we could be on a winning streak.
We know that if the Dems don't continue to play aggressive ball, and
instead fall into some cowardly prevent defense, they could still fold.
Then it'll be time to trade Gore.
The election results reveal what may be an "emerging progressive majority."
With No Decision 2000 a face-off of spins--moralistic outrage for the Republicans (don't steal our election) versus lofty principle for the Democrats (every vote should count)--the Bush gang has had the edge in passion and unity. In the postcertification phase, the Republicans and their conservative movement pals were impressively maintaining a lockstep message, while the Democrats were trying hard to mount a stand-by-our-man front. House Democratic leader Richard Gephardt and Senate Democratic leader Tom Daschle trotted to Tallahassee to demonstrate their support for Gore, but it was a bit late in the game. Other high-profile Democrats--Senators John Kerry and Bob Kerrey, Representative Jerrold Nadler--hit the Sunshine State and the talk shows to help out. And on Capitol Hill, most Democrats--angered by Republican rhetoric and majority whip Tom DeLay's schemings--were egging Gore on. As a senior Democratic House staffer quipped, "DeLay has rallied the Democrats better than Al Gore could."
But questions hovered: How long would the Democrats hang tough? And would they play tough? "Most Democrats are going to wait and see how the court contests go and see what happens with the Supreme Court before they pull out," says one chief of staff for a Democratic senator. But unlike Bush, Gore had to deal with cracks within his bloc. Senator Bob Torricelli remarked that the Florida certification was "the beginning of the end." Senator Byron Dorgan indicated that time was short for Gore: "This is a search for an accurate count, but it cannot be an endless count." Former Labor Secretary Robert Reich counseled retreat: "The country needs closure." Representative Bud Cramer said, "The time has come for this to come to a close." And even though Gore had much of his party on his side, the Democratic effort did not match the fervor of the GOP postcampaign endeavor--and not merely because the Democrats did not send mobs into county buildings in Florida. The remarks of Gephardt and Daschle were temperate, almost defensive, as they pointed out that they were backing the abstract principle of counting all votes. They expressed little emotion regarding the GOP attempt to block the vote-counting process so crucial for Gore. From the Democratic perspective, the election was being hijacked by the Republicans, yet, for the most part, the alarm wasn't raised.
A few Democrats did sound off. James Clyburn, who chairs the Congressional Black Caucus, said, "We know what it is to have an election stolen from us." He warned that Democrats who wimp out during the postelection combat would lose support among black voters. Nadler, reacting to the GOP-led protests that perhaps precipitated the shutdown of the Miami-Dade recount, complained about the "whiff of fascism." But such fightin' words were not part of the Gore/Democratic talking points.
This was the Democratic plan: Stay calm. "Our message is patience," said an aide to the House Democratic leadership. "We have to embody reasonableness. We feel we have votes and the law on our side, and that the Republican tactics and vehemence will backfire. People may mistake that as a message of not caring, of not being passionate. But we believe this can work." In fact, early on in the postelection battle, Gore decided not to rev up supporters. His campaign discouraged Jesse Jackson, who staged a protest in Florida and raised questions about allegations of racial intimidation on Election Day. "Gore told Jackson to get out of the state, and he told labor not to organize," says one Jackson associate. "He cooled Democrats out, just when Bush and his people were going into overdrive. Gore thought he had the votes. This was a classic case of Gore not believing in politics." It may have been smart to de-Jessify the dispute, since Jackson brings his own baggage to headlines. But the Gore-Lieberman camp kept its distance from the charges of racial intimidation--which, though unproven, were of intense concern to many of Gore's most ardent supporters.
For better or worse, Gore mostly stuck to a legal strategy--and eschewed political mobilization, outrage and crusading rhetoric, even as polls and a few Democratic pols turned against him. As one Democratic Senate aide said wistfully, "It's always been our problem. We Democrats have trouble going for the jugular. We always try to sound reasonable. Reason may not be enough this time."
Here's the Bush idea of electoral reform: Cancel the election. The Florida legislature's move to choose the state's electors and declare George W. Bush the next President is only the latest of Bush's attempts to short-circuit electoral due process, raising the stakes in the Florida recount far beyond the interests and limitations of Al Gore. Bush's premature declaration of victory, the bare-knuckle tactics employed by his camp through the initial recount and now the legislature's attempt to pre-empt voters altogether have laid down a chilling marker: Bush is trying unilaterally to make his presidency a fact, rendering irrelevant both the legal system and a credible counting of Florida's votes.
To keep those voters' legally cast ballots from being counted, Bush, James Baker and Dick Cheney orchestrated a Big Lie campaign at an extraordinary level. New York Governor George Pataki insisted, "We've now had a count, a recount, a recount of the recount." In fact, at least 10,000 Miami-Dade ballots recorded no presidential vote, suggesting they were never counted properly in the first place. According to the New York Times, antiquated and error-prone Votomatic machines prevalent in the same county's black precincts may have cost Gore as many as 7,000 votes. Bob Dole hammered away at Gore for "disenfranchising" the military. The substance of those allegations vanished so quickly that the Bush campaign withdrew its lawsuit. Bush himself denounced Florida's hand counts, saying they were able to produce "no fair or accurate result." In fact, as US District Judge Donald Middlebrooks pointedly noted in rejecting Bush's case, Florida's hand-recount procedures are studiously "neutral," and Bush had as much right to request hand counts or to challenge certification as Gore. Hand recounts are routine in virtually every election jurisdiction in the country.
Curiously, the Republicans and Democrats seem to share the same central premise, which is that if enough votes get counted Gore will win--hence a GOP strategy based on impeding recounts at any cost. This strategy found near-perfect expression in that pre-Thanksgiving hecklers' veto of the Miami-Dade recount by a screaming crowd of Republican Congressional staffers flown in for the occasion. With thousands of Miami-Dade and Palm Beach votes still to be counted in Gore's post-certification contests, the legislature is now going to the next logical step: Why have an election at all when you can have a coronation?
To back up his effort to crown himself over the heads of Florida's voters, Bush is playing one of the hoariest cards in the right-wing deck: resentment of the judiciary. When Bush, in his "I'm in charge here" speech, denounced the Florida Supreme Court for "rewriting the law," he knowingly stirred regional and racist resentment. His lawyers, led by Ken Starr crony Ted Olson, continued on the same tack with the US Supreme Court, in their brief charging the Florida high court with "judicial legislation" for extending the state's certification deadline in a routine bit of legal interpretation. As political strategy, this effort to delegitimize the judiciary harks back to the impeach earl warren bumper stickers of 1960s segregationists and the Reagan-era attacks on civil-libertarian state judges like California's Rose Bird. As legal theory, Bush's Supreme Court argument has even more profound implications than the election itself. As Laurence Tribe and Gore's legal team correctly noted in their reply, Bush "would undermine the authority of the judiciary to decide the meaning of law."
An election is supposed to represent the direct line connecting people to power. The Bush strategy of impeding the vote counting does the opposite, drawing into the whirlwind every branch and level of government; each new escalation pulls the election's outcome a step further from the voters. The conventional wisdom of the moment is that Gore should give up for the sake of closure, and the Democrats should return to fight another day. But the legitimacy of votes and the legitimacy of the judiciary in protecting voters' rights are principles too fundamental to abandon without the most exhaustive political and legal battle. Whatever you think of Al Gore, this is terrain that is essential to fight for to the bitter end. Settling for less is a false closure not worth contemplating.
Three days before the election, I took part in a television panel with former White House flack Joe Lockhart, who was doing his best to hold up his end of the tattered Gore-Lieberman banner. When the show was over, I asked him what he really thought and he said, "I'm pinning everything on the Electoral College." It now takes an effort of memory to recall, but this was what all the Democratic elite were saying that week. So the sudden moral emphasis on the popular vote is slightly unseemly, especially in view of the fact that the vote hasn't been counted yet.
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