The dispute over the election has developed into a constitutional crisis. With George W. Bush claiming victory and Al Gore refusing to concede, the election’s outcome now seems destined to depend on judicial determination of complex and perhaps novel constitutional issues. Rather than attempting to resolve the actual vote count in the most equitable way [...]

The U.S. Supreme Court’s intervention in the disputed presidential election was virtually inevitable, despite wishful predictions by Democrats that the Court would not meddle with state election law. As countless commentators have pointed out, the electoral impasse provides yet another illustration of the wisdom of Alexis de Tocqueville’s overworked observation that “scarcely any political question [...]

It should be obvious to everyone by now that no one ever will know which presidential candidate actually won more popular votes, either in Florida or nationwide. The Florida recount process can never yield an accurate result, for efforts to divine the meaning of the notorious chads are hopelessly compromised by the certainty of ambiguity [...]