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To: HankReardon
Article II of the Constitution states that the President shall be elected by electors who are chosen by each state in a manner set up by that state's legislature. This is very important as the Constitution clearly assigns to the state legislature the final authority on chosing electors (there is no requirement to actually have a Presidential election).

The Florida Legislature had set a deadline by which all county election results must be certified and submitted to the Florida Secretary of State. The Gore team sued Katherine Harris when she tried to enforce that deadline. The state circuit and appellate courts ruled for Harris, however the Florida Supreme Court (6 of the 7 justices are Democratic appointees) sided with Gore, overruled the Legislature and made up a new deadline. The US Supreme Court vacated that ruling and restored the deadline that had been set by the Legislature.

By this time all overseas ballots had been counted, and Katherine Harris certified 500 vote win for Bush. The Gore team then challenged the results in Leon County (Tallahassee) circuit court. They lost and appealed directly to the state Supreme Court. That court again rewrote election law, uncertified the result, and ordered hand counts of 4 of the 67 counties. The US Supreme Court, in a 7-2 ruling (the Clinton appointees dissenting) found that all ballots must undergo the same level of scrutiny. In a 5-4 decision, the US Supreme Court found that the Florida Supreme Court had again arbitrarily rewritten state law, and vacated its decision.

The last set of Supreme Court rulings came on the federal deadline (set by Congress) for states to submit the names of their electors. While the court fights were ongoing, the Florida Legislature met in emergency special session to address the election chaos. On the final day, the State House of Representatives declared Bush the winner and chose his electors to be the electors of Florida. The US Supreme Court ruling meant that the State Senate didn't need to take up that vote as well, so the bill was never passed.
21 posted on 02/26/2004 4:41:04 AM PST by bobjam
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To: bobjam
On the final day, the State House of Representatives declared Bush the winner and chose his electors to be the electors of Florida. The US Supreme Court ruling meant that the State Senate didn't need to take up that vote as well, so the bill was never passed.

As I said above, the Constitutional process for electing a President was working, would have continued to work and did not require illegitimate US Supreme Court intervention.

The authors of Article II and Amendment XI could easily have inserted the sentence, "All cases of dispute about proper selection of electors by a State Legislature will be referred to the Supreme Court".

They would have been appalled by the very notion.

The Supreme Court of 1877 could easily have intervened in the "Electoral Commission" fiasco-but they would have been way out of their assigned responsibilities, and they knew it.

Just remember, a Court with the power to supervene the political process of chusing electors is a Court with the power to redefine marriage.

Bush v. Gore should never-NEVER-have been heard by the Court.

24 posted on 02/26/2004 4:48:28 AM PST by Jim Noble (Now you go feed those hogs before they worry themselves into anemia!)
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To: bobjam
"The Florida Legislature had set a deadline by which all county election results must be certified and submitted to the Florida Secretary of State. The Gore team sued Katherine Harris when she tried to enforce that deadline. The state circuit and appellate courts ruled for Harris, however the Florida Supreme Court (6 of the 7 justices are Democratic appointees) sided with Gore, overruled the Legislature and made up a new deadline. The US Supreme Court vacated that ruling and restored the deadline that had been set by the Legislature."

It took 21 posts, but the key point, IMHO, was finally made. Gore & his minions tried to change the rules of the "game" after the game had started and was almost over.

26 posted on 02/26/2004 4:50:11 AM PST by SW6906
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