Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: HankReardon
The real story is that the Constitutional process for resolving disputes of this nature (which of course were anticipated by the Founders) was discarded in favor of more rule by judges.

The escape from politics, the headlong flight by elected officials from anything that smacks of responsibility, continues and is accelerating.

Congress in 1877, after the Hayes-Tilden election, at least recognized itself as the responsible body by passing the Electoral Vote Counting Act. Congress in 2001, as the responsible (because elected) body, said-NOTHING.

Amendment XI: "...they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President..."

There was zero chance-ZERO CHANCE-that the Congress would have certified a Florida Supreme Court imposed Gore slate of electors.

Either Congress would have counted the Bush votes certain to have been transmitted by the Florida Legislature, OR they would have counted neither, in which case President Bush would have been promptly and Constitutionally elected by the House of Representatives.

There was no case that was justiceable by the US Supreme Court, which has no role and no right to meddle in elections, which are not an act of the government but an act of the People for which the governments at various levels provide technical assistance.

The Supreme Court's willingness to hear Bush v. Gore was a mistake. Nothing happened in Florida which would not have been corrected by the Constitutional process.

18 posted on 02/26/2004 4:31:15 AM PST by Jim Noble (Now you go feed those hogs before they worry themselves into anemia!)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Jim Noble
There was no case that was justiceable by the US Supreme Court, which has no role and no right to meddle in elections, which are not an act of the government but an act of the People for which the governments at various levels provide technical assistance.

A salient point that is frequently forgotten by the masses (mostly the lefties) and bears repeating. Often.

25 posted on 02/26/2004 4:49:14 AM PST by Bloody Sam Roberts (The way that you wander is the way that you choose. The day that you tarry is the day that you lose.)
[ Post Reply | Private Reply | To 18 | View Replies ]

To: Jim Noble
The Supreme Court's willingness to hear Bush v. Gore was a mistake. Nothing happened in Florida which would not have been corrected by the Constitutional process.

Interesting analysis, and counterpoint to my contention (see above) the the basis on which the case was decided has actually opened up new possiblities for future offenses along the lines of Floriduh 2K.

102 posted on 02/26/2004 1:20:07 PM PST by Stultis
[ Post Reply | Private Reply | To 18 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson