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To: Jim Noble

It corrected the flagrantly political error of the Florida Supreme Court, which is one of the things that the Constitution dictates it should do.

The action by the Florida Supreme Court made the matter justiciable. It’s members are judges. When judges act the matter becomes justiciable.

The interference was by the Florida Supreme Court, something for which it is notorious, not by SCOTUS, which only corrected the interference to comport with the clear language of the Constitution.


98 posted on 11/28/2008 2:57:27 PM PST by AmericanVictory
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To: AmericanVictory
which only corrected the interference to comport with the clear language of the Constitution

What clear language is that?

Look, I am a convinced, passionate opponent of Bush v. Gore, on many levels. The Constitution vested the Florida Legislature with the power to appoint electors. I am convinced that they would have done so.

It was up to Congress, not SCOTUS, to resolve this dispute. Given that the Congress had Republican majorities, it is a certainty that Bush would have been (legitimately) elected some time prior to 1/20/01. It is possible (barely) that Lieberman would have been VP.

In any event, expanding further the already grotesquely expanded power of SCOTUS was then, and still is, a bad idea.

113 posted on 11/28/2008 3:26:51 PM PST by Jim Noble (I have read a fiery gospel, writ in burnished rows of steel)
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