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Hillary Clinton Says Presidential Election Case Example of Supreme Court Gone Awry
AP via TBO ^
| 7/23/02
| Anne Gearan
Posted on 07/23/2002 7:18:53 PM PDT by Jean S
WASHINGTON (AP) - The Bush v. Gore presidential election case is an example of a hypocritical Supreme Court majority that broadens the rights of states only when it serves conservative ends, Sen. Hillary Rodham Clinton said Tuesday.
Clinton, D-N.Y., criticized the court's recent trend of 5-4 cases that have favored state power over federal control. The case that ended Florida ballot recounts in the disputed 2000 presidential election was also a 5-4 vote, but it stripped a state of power to administer its own laws, the former first lady said.
"Perhaps even more disturbing than the court's impulse to defend state and local prerogatives is the selectivity of that impulse," Clinton told an audience of law students, lawyers and judges at the liberal American Constitution Society.
States win the power struggle when they want to claim immunity from civil rights lawsuits or get tough on criminals, but not when they want to limit cigarette ads, help fund legal help for poor people, or "follow their own election laws," Clinton said.
The Bush v. Gore case centered on whether a fair recount could be done under Florida election law and still give the state time to have its electors included in the Electoral College.
Clinton called the court led by Chief Justice William H. Rehnquist "one of the most activist, if not the most activist, Supreme Court ever in American history."
Conservatives, including President Bush, have criticized "judicial activism," or the substitution of a judge's own views for established law. Conservatives have pointed to the civil rights-era decisions of the court under Chief Justice Warren Burger as examples of such activism.
Critics on the left have countered, as Clinton did Tuesday, that activism is often in the eye of the beholder.
While the court has the power to strike down federal laws, it has been historically reluctant to do so, Clinton noted.
The Warren court struck down federal laws in about 20 cases over 16 years, she said. The Rehnquist court, in the last eight terms alone, has done so in 32 cases. Eleven of those were states' rights cases in which the state prevailed, and many of those involved states trying to avoid "enforcement of civil rights guaranteed by federal law," Clinton said.
"In addition to installing an American president, the current Supreme Court has invalidated federal laws at the most astounding rate in our nation's history," Clinton said to applause and laughter.
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On the Net:
American Constitution Society site: www.americanconstitutionsociety.org
AP-ES-07-23-02 2203EDT
TOPICS: Front Page News; News/Current Events; Politics/Elections
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To: kcvl
"...Will we ever be rid of this bitch? NO! ..."Opening move for 2004. She's running now. Should be fun..............FRegards
41
posted on
07/23/2002 8:11:36 PM PDT
by
gonzo
To: JeanS
Forget the gall of ignoring facts about the outlaw Florida SC..Hillary does talk a big lie..as if she wanted Gore to prevail and to be the nominee in 04..and then fight vp joe lieberman in 08..she was happier than bill with a group of tipsy cheerleaders when al failed..
To: JeanS
George Bush is going to regret that he did not let his justice department for her throat.
To: JeanS
, "...but it stripped a state of power to administer its own laws, the former first lady said." Interesting retraction, I thought she was a big federal government kind of gal. Since when did she start caring about state's rights?
And is she forgetting that the Florida Supreme Court wanted to change the laws that were in place prior to the election after the election? Oh, I don't recall.
44
posted on
07/23/2002 8:15:05 PM PDT
by
harpo11
To: okie01
"The vote that "stripped a state of power to administer its laws" was, in fact, 7-2! That was the vote that decided the Florida State Supreme Court had made a hash of it."
They also conveniently forget that the Fla Supreme Court overturned, without justification, a lower court decision (Judge Sauls, Democrat). The Fla Supreme Court wasn't "administering its laws", it was making up laws as it went. The only ones out of step were the Fla Supreme Court.
To: JeanS
Clinton called the court led by Chief Justice William H. Rehnquist "one of the most activist, if not the most activist, Supreme Court ever in American history." I am soooooo sorry that she wasn't allowed to take a history course in school and doesn't know about the Warren Kourt.
46
posted on
07/23/2002 8:20:45 PM PDT
by
zip
To: doug from upland
Amen and Amen!
47
posted on
07/23/2002 8:22:28 PM PDT
by
sport
To: JeanS
I know that it is summer and most people are preoccupied with vacations and in the South and MidWest-getting the kids ready to go back to school..But, the Dems have taken off the gloves-Big Time, in the last week and they are gunning for GW!! The White House had better shake off the doldrums and get into a war footing, because the mean season has begun-never mind the Al Queda-it's the media and the Dems that are the most threatening to our freedom and liberties right now. Wake Up White House!! Don't let the Dems steam roller you,like they did 41!! Hillary and Algore are just getting tuned up, we ain't seen nothing yet!!
To: JeanS
> The case that ended Florida ballot recounts in the disputed 2000 presidential election was also a 5-4 vote, but it stripped a state of power to administer its own laws, the former first lady said.
BZZZT! This decision was clearly on the side of the laws of the state of Florida (as opposed to imaginary laws that resided only in the mind of the losing side), and agreed with the position of the government officials of that state, so your answer is wrong, but do play again (on second thought, just get your ugly face off of my TV set).
Dave in Eugene
To: JeanS
Clinton, D-N.Y., criticized the court's recent trend of 5-4 cases that have favored state power over federal control. The case that ended Florida ballot recounts in the disputed 2000 presidential election was also a 5-4 vote, but it stripped a state of power to administer its own laws, the former first lady said. Uh, I believe the vote was 7-2 that the Gore recount was in violation of Federal election law.
This woman is upset that the US Supreme Court stopped Gore from cheating his way into the White House.
50
posted on
07/23/2002 8:33:34 PM PDT
by
Jorge
To: McLynnan
the current Supreme Court has invalidated federal laws at the most astounding rate in our nation's history," Clinton said to applause and laughter. The audience was laughing because Hill and Bill broke federal laws at the most astounding rate in our nation's history.No, they were laughing because they realize we have too many laws by a factor of about 10,000 times, and any federal law repealed, especially by a (somewhat) conservative court is most likely one we're better off without.
To: JeanS
Just think, if her husband hadn't pardoned those 14 Puerto Rican terrorists she might not have won.
Dang. So close.
To: PetroniDE
"Someone tell that (BLEEP) to sit down and (use your imagination)."The last person who told Sir Hillary to shut up and sit down shot himself in the head and dumped his own body in Ft. Marcy Park.
To: JeanS
It is a sad thing that an organization bearing the name of the "American Constitution Society" would invite such a corrupt, political bigot to speak, and welcome such comments. For starters, seven justices of the Court agreed that what the Florida Supreme Court did was unconstitutional. Subtract 7 from 9 and that makes the substantive vote 7-2. The 5-4 number which the lamestream media print as true was the vote on the REMEDY, not on UNCONSTITUTIONALITY.
This was NOT a "state's rights" case. The Constitution gives the right to refine the election of Presidential Electors to the "legislature," not to the "state." All that the US Supreme Court said was that the Florida court had to obey FLORIDA law. Since it sought to rewrite the Florida law, written under authority from the US Constitution, that was that.
I have a feeling that many of the legal "scholars" in the audience were too dumb to understand this distinction. I'm certain that most FReeepers will understand it.
P.S. I filed one of the 14 briefs in Bush v. Palm Beach Canvassing Board.
Congressman Billybob
Click for: "The Kirkin' O' the Tartan."
To: doug from upland
Terminal PC Pussiness
we need a song for this. LOL
55
posted on
07/23/2002 8:45:07 PM PDT
by
TLBSHOW
To: Wild Irish Rogue
You've got that right. I was watching Hatch and Leahy having a prissy pissing contest at the Owen's hearings and you better believe that the 'rats mean business. And it seems like all we have on our side in the senate is Don Knotts.
And as I've been asking all along, where is the president in this fight for his judicial appointments? Again, where is the president?
And you all missed this:"The Warren court struck down federal laws in about 20 cases over 16 years, she said. The Rehnquist court, in the last eight terms alone, has done so in 32 cases. Eleven of those were states' rights cases in which the state prevailed, and many of those involved states trying to avoid "enforcement of civil rights guaranteed by federal law," Clinton said.
Sure the Rehnquist-era SCOTUS has overturned more federal laws. Why? Because the whole level of litigiousness has changed by a few orders of magnitude! Back in the Warren days common sense was treated with much greater reverence and it actually had a place at the table when court was in session. You didn't see politicians at all levels trying to codify business practices and behavior. Do you think we had warning labels on stepladders during the times of the Warren court? Were women given a million plus dollars when coffee landed in their lap?
This Clinton beastie is good. Very cunning. She really knows how to use the Big Lie. Using the claim of judicial activism against the very people who decry it most!
To: McLynnan
"the current Supreme Court has invalidated federal laws at the most astounding rate in our nation's history," Clinton said to applause and laughter. "
McLynnan:The audience was laughing because Hill and Bill broke federal laws at the most astounding rate in our nation's history.
ROFLMAO!!! No kidding!!!
57
posted on
07/23/2002 9:01:42 PM PDT
by
Republic
To: Jorge
She has bad breath and nose hair. 'nuff said.
To: kcvl
Hillary! Go lie down by your dish and stop yapping.
59
posted on
07/23/2002 9:10:54 PM PDT
by
Illwind
To: Ben Hecks
2 out of 3 Courts agreed. A point that should always be repeated.
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