To: Yosemitest
He talks again about Bush v Gore claiming that it was wrong. As I remember the Florida Supreme Court told the election officials that the election laws already on the books had to be followed on the recounting of the votes. The election laws were not changed to elect Bush they were followed as written. Correct me if I am wrong.
63 posted on
01/28/2016 7:14:22 AM PST by
Ditter
(God Bless Texas!)
To: Ditter
"He talks again about Bush v Gore claiming that it was wrong.
As I rememberthe Florida Supreme Court told the election officialsthat the election laws already on the books had to be followed on the recounting of the votes.
The election laws were not changed to elect Bushthey were followed as written.
Correct me if I am wrong."
I think that your point is different than the author's point in the article.
Akhil Reed Amar, author of
CNN's Why Ted Cruz is eligible to be president wrote:
" ... If Cruz gets enough electoral votes this fall,then Congressand not the Supreme Court
should be the final legal judge of Cruz's eligibility.
The Constitution's 12th Amendment clearly saysthat Congress counts the electoral votes at a special session;
and thus Congress is constitutionally authorized to refuse to count any electoral votes
that Congress considers invalid.
Elsewhere, Article I, section 5 of the Constitution makes clearthat each house of Congress may "judge" whether a would-be member of that housemeets the constitutional eligibility rules for that house.
Suppose Mr. Smith wants to go to Washington as a senator.
He wins election in his home state.
But the Constitution says a senator must be 30 years old.
If a dispute arises about Smith's age, about whether there a proper birth certificate and what it says,
the Constitution clearly says the Senate is "the judge" of Smith's birth certificate dispute.
Similarly, for presidential elections the Constitution's structure makes Congress the judge of any birth certificate disputeor any other issue of presidential eligibility.
Congress cannot fabricate new presidential eligibility rulesbut it is the judge of the eligibility rules prescribed in the Constitution.
Thus, ordinary courts should butt out, now and forever.
They have no proper role here, because the Constitution itself makes Congress the special judge.
In legal jargon, the issue is a "nonjusticiable political question."
Presidents should pick judges,This is one reason whythe Supreme Court's 2000 ruling in Bush v. Gore was a disgraceand is now widely viewed by experts as such.
...
So the author,
Akhil Reed Amar, is saying
BECAUSEit is a "nonjusticiable political question"
and the Constitution ITSELF specifies what body of government is "THE JUDGE" of such questions,
the "JUDICIAL SYSTEM" has no "CONSTITUTIONAL AUTHORITY" to rule on the matter.
But you're suggesting that
the author said "the court's judgment" was wrong.
And
I believe that the author is saying that
"THE COURT" should NOT HAVE RULED ON IT ... AT ALL !
77 posted on
01/28/2016 11:57:56 AM PST by
Yosemitest
(It's SIMPLE ! ... Fight, ... or Die !)
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