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To: HankReardon
The US Supreme Court voted 7-2 that George Bush's civil rights were being violated by the Florida State Supreme Court. The 5-4 decision by the Supreme Court was how to remedy the violation.

Of greater relevance is that if Al "The Grinch" Gore had carried either Tennessee or Arkansas he would have been elected President
9 posted on 02/26/2004 4:16:14 AM PST by Jimmy Valentine's brother ("Never trust a RAT with anything" - Angelwood)
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To: Jimmy Valentine's brother
The court that wrongly interfered with a constitutional election was the Democrat dominated Florida supreme court.

The cheif justice of that court wrote a landmark dissent stating that the court had no right to intervene. He was overruled by political appointees. The USSC agreed with him.
13 posted on 02/26/2004 4:23:47 AM PST by BillM
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To: Jimmy Valentine's brother
Of even greater relevence is that if 50 million of the voters cared about honesty and integrity they would have not voted for the VP of the most corrupt administration in American history.
17 posted on 02/26/2004 4:31:15 AM PST by HankReardon
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To: Jimmy Valentine's brother
You are exactly right; Gore made his bed but didn’t want to sleep there. There isn’t much more to it as far as the truth about 2000 is concerned. My brother and I were guessing which way each state would go in ’04 last night and the subject of Florida came up. The butterfly ballot voters who were too idiotic to read the ballot won’t make the same mistake next time, meaning that Bush will have to make up around 20,000 votes there. Does Bush have a much stronger position in Florida this time then in 2000, because if he doesn’t he better get moving?
31 posted on 02/26/2004 5:09:10 AM PST by Voteamerica
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To: Jimmy Valentine's brother
You are exactly right; Gore made his bed but didn’t want to sleep there. There isn’t much more to it as far as the truth about 2000 is concerned. My brother and I were guessing which way each state would go in ’04 last night and the subject of Florida came up. The butterfly ballot voters who were too idiotic to read the ballot won’t make the same mistake next time, meaning that Bush will have to make up around 20,000 votes there. Does Bush have a much stronger position in Florida this time then in 2000, because if he doesn’t he better get moving?
35 posted on 02/26/2004 5:14:51 AM PST by Voteamerica
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To: Jimmy Valentine's brother; HankReardon
The US Supreme Court voted 7-2 that George Bush's civil rights were being violated by the Florida State Supreme Court. The 5-4 decision by the Supreme Court was how to remedy the violation.

I'd also add that the case was, unfortunately, wrongly decided (as to it's basis, not outcome). The core conservatives -- Rehnquist, Scalia & Thomas -- wanted to decide the case on Article II of the Constitution, regarding the selection of Presidential electors:

Article. II.

Section. 1.

Clause 1: The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows

Clause 2: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative

The Florida Supreme Court had, in effect, blatantly rewritten the clear and unambiguous Florida election law -- the "manner" in which the state legislature had "directed" electors to be appointed -- changing specific dates and procedures regarding the challenge/contest (county election commission directed versus court mediated) phases for elections disputes, and the specific certification date. This was a clear and direct violation of Article II. In addition, federal election law clarifies that elections must be decided strictly on the basis of law in place at the time the vote occurred. You can't go back and change the rules ex post facto.

We would now be much better protected against future election stealing gambits of the type habitually practiced by Democrats if Bush v. Gore had been decided on this basis, but tragically Rehnquist could not assemble a majority on these grounds, which were too straightforward for the liberals and "moderates" on the court. Instead Rehnquist had to cobble together a majority on the basis of the "equal protection" clause of the 14th Amendment:

Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Sadly this passes over the key Constitutional violation committed by the Florida Supreme Court, instead obsessing obscurely about the entirely subsidiary means it employed in effecting the violation. In so doing, Bush v. Gore not only failed to preclude future violations of Article II by state courts, it even opens new possibilities for justifying such violations! For instance a State Court could hold that election law in place at the time of a Presidential election somehow violated "equal protection" -- easily done considering the woolly and open-ended interpretations to which the standards is prone -- and thereby effectively modify the law on the basis of Bush v. Gore.

THIS IS YET ANOTHER REASON WE NEED MORE UNMUDDLED, ORIGINAL INTENT COSERVATIVES ON THE SCOTUS!!!

101 posted on 02/26/2004 1:12:58 PM PST by Stultis
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