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To: Jim Noble
the already too large powers of the Supreme Court, which is not and was never intendd to be an electoral tribunal

It was my understanding that all the U.S. Supreme did was to, in effect, tell the Florida Supreme to stay out of the legislating business, by telling them they could not over rule the Florida legislature.

I'm not trying to start an argument with you and am ready to admit that I could be wrong.

56 posted on 12/09/2003 6:51:42 PM PST by Holly_P
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To: Holly_P
Well, that's not a bad layman's paraphrase of the majority decision. If you're dying to read the whole thing, it is here
68 posted on 12/09/2003 7:01:19 PM PST by optimistically_conservative (Clinton's Penis Endorses Dean: Beware the Dean Mujahideen)
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To: Holly_P
It was my understanding that all the U.S. Supreme did was to, in effect, tell the Florida Supreme to stay out of the legislating business, by telling them they could not over rule the Florida legislature.

They did much more than that.

But even if you were right, they usurped the role of Congress in counting the electoral votes.

Under Article II, the state legislatures solely make the rules for appointing electors. Under Amendment XI, the electoral votes are counted publicly by both Houses of Congress in a special session.

It has happened before that there have been competing slates of electors from a state. This is a political question, not a judicial one. It is supposed to be resolved by Congress, not by the Supreme Court.

Congress should have and would have dealt with this matter in January, 2001.

70 posted on 12/09/2003 7:03:02 PM PST by Jim Noble
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