God bless U.S.A's lawyers

God bless U.S.A.'s lawyers
By turning to the courts, Americans are demonstrating their commitment to the rule of law

Lately, Canadians have had a good chuckle at Americans' expense. The Florida electoral fiasco, with its round-the-clock news coverage, its legion of lawyers and its seemingly endless squabbling, appears as yet another example of American buffoonery. Observers on both sides of the border have laughed that it may take more time to figure out who was elected president than it did to run the entire campaign for Canadian prime minister.

The situation has proved irresistible to the comedians who increasingly shape America's popular culture and its politics. Noting how George W. Bush, Dick Cheney and Al Gore have spoken in the last week before ever-growing rows of American flags, David Letterman installed a dozen flags behind his desk to "appear more presidential." Republican-leaning wags joke that Palm Beach retirees have adopted new rules for golf. Instead of yelling "Fore," they yell "Gore," and keep on swinging until they get the desired result. Democratic wags mourn that the latest Early Bird Special in restaurants attracting South Florida's elderly diners offers a three-course meal, free coffee or tea - and a vote for Pat Buchanan.

The events of the last week, however, should silence both the critics and the comics. American democracy is not just working; it is working exceptionally well these days.

On Friday, Nov. 30, the Supreme Court allowed the media to broadcast an audio tape of its proceedings shortly after lawyers ended the argument over Bush's appeal. For the first time in American history, the usually circumspect court invited the people in to hear what happens in those august chambers. Over the next two days, many television networks broadcast the weekend marathon mini-trial in Florida's circuit court, with a dozen lawyers arguing deep into the night about Gore's challenge to the Florida election results. The rest of the week was filled with highlights from courtrooms up and down the East Coast, culminating with the broadcast on Thursday of the verbal pyrotechnics at the Florida State Supreme Court.

Even for those of us who had followed three weeks' worth of arguments about hanging chads and pregnant chads, the various legal arguments have proved to be rather dense and sophisticated. Before the Supreme Court, some of America's smartest - and most expensive - legal minds endured 90 minutes of grilling over nuanced interpretations of the United States constitution, the Florida constitution and the Florida election code. In the circuit court, the discussion was more prosaic, but no less picayune, with a parade of experts testifying to the resilience of the rubber, and the sharpness of the stylus, in the now discredited Votomatic balloting machines. At the state Supreme Court, the verbal jousting and legal hair-splitting continued.

Such wonderfully tedious arguments offered eloquent testimony to the power and magic of American democracy, to the enduring commitment of American citizens to the rule of law and to the legitimacy of the constitutional system. The millions who caught even a glimpse of the proceedings, and the millions more who went about their daily business, demonstrated great patience and great reverence for the system during a time of great uncertainty.

True, this whole electoral mess began with a comedy of errors; it is clear that the electoral system is antiquated and sloppy. True, both the Democrats and the Republicans have been cynical, ruthless and relentlessly focused on seating their guy at 1600 Pennsylvania Ave., wantonly twisting principles to serve the needs of the moment.

True, in the age of Clinton, too many things are adjudicated, no politician knows when to give up and it is unfortunate that the votes could not simply speak for themselves.

But the crisis seems limited to sleep-deprived elections officials, job-hungry pols and overcaffeinated media types. The American people are going about their business, as they allow the various institutions to go about theirs.

In the courts, both high and low, the judges demonstrated sagacity, maturity and intellectual depth. The lawyers demonstrated sobriety, intensity and intellectual dexterity, be they the slick Washington sharpies who delivered extensive orations extemporaneously, or the humbler, polyester-clad Florida lawyers who hewed to their notes. All not only acknowledged the legitimacy of these institutions, they did honour to the institutions and the country.

Clearly, there are more chapters to come in this saga. But this last week has offered the world a wonderful and powerful lesson. This is how you resolve conflict in a civilized democracy. Unlike the Chinese, the Americans did not roll out the tanks. Unlike the Palestinians, the Americans did not launch stones or bombs. Under the gun, Americans rolled out the lawyers, and launched a barrage of lawsuits. God bless America - and, yes, even its hyperactive bar.

- Gil Troy is a professor of history at McGill University. His latest book is Mr. and Mrs. President: From the Trumans to the Clintons.