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To: misterrob

“Glad we have the 14th. Al Gore as President otherwise.”

Actually, no. Article 2, Section 1 covered the situation, as the concurring opinion of Rehnquist, Scalia and Thomas in Bush v. Gore points out. I recommend you read it. The electors are apportioned in the manner decided by the state legislature. The Florida Supreme Court in extending deadlines and interfering was violating the prerogatives of the state legislature under Article 2. The Supreme Court should have stated as much and it would have been a 2 page opinion

The 14th Amendment was a ridiculous diversion in Bush v. Gore and showed how constitutionally illiterate the other justices were and are. The 14th Amendment has been used, along with the Commerce clause, as a vehicle for much “judicial legislation” over the past 50 years. It has a lot of loose language that courts have used to impose their will on the people and the states by judicial fiat.


19 posted on 10/24/2010 11:10:07 AM PDT by Brices Crossroads
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To: Brices Crossroads

I was referring to the disparities in how the ballots were going to be counted. Since there was no uniform standard on how they were going to be counted then the process did not provide for a fair recount.


27 posted on 10/24/2010 11:26:00 AM PDT by misterrob (Thug Life....now showing at a White House near you....)
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