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WOULD ROBERT MCCLOSKEY COMMEND BUSH V. GORE AS AN EFFECTIVE USE OF THE SUPREME COURTS POWER?

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WOULD ROBERT MCCLOSKEY COMMEND BUSH V. GORE AS AN EFFECTIVE USE OF THE SUPREME COURTS POWER?

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My “home culture” is that of the legal academy, and the most pervasive single dispute within that culture for at least a century has been whether one can draw a sharp distinction between law and politics. But, I also have a “second home” in the community of political scientists, who inhabit their own discipli- [*pg 18] nary cultures and, concomitantly, have their own ways of understanding legal events, including the processes of constitutional change. I frame this part of my discussion as an inquiry into what Robert McCloskey might say about Bush v. Gore. Who was Robert McCloskey, and why should we care about what he would say about Bush v. Gore? McCloskey was a leading member of the Harvard Government Department in the 1950s and 1960s and wrote, among other works, the classic book, The American Supreme Court.46 He suffered a premature death in 1969. McCloskey was my mentor during graduate school, and I have, over the past decade, worked to keep his splendid volume current by adding ch

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