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To: El Gato
it would be a "done deal", and no action by the Courts would be possible

Just a quick followup: Is it your position that elections are subject to post-hoc review by Article III courts?

Is that power one that you are comfortable with courts exercising?

214 posted on 02/16/2010 4:58:58 AM PST by Jim Noble (Hu's the communist?)
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To: Jim Noble
Just a quick followup: Is it your position that elections are subject to post-hoc review by Article III courts?

Yes. If there was fraud, such as wholesale vote miscounting and/or an ineligible cannidate/office holder is discovered, then the courts can act. Fraud is a crime after all, and someone not eligible to hold an office surely cannot be left in possession of it. Why should the People (another term of art) suffer because of the crimes of cannidates or their organizations. Mere errors in the process are another matter.

Is that power one that you are comfortable with courts exercising?

Like all other exercises of power, it must be done with extreme caution. But someone has to do it. You want the party in power to guard the hen house? That is surely the other alternative. That gets you Tammy Hall, and worse, much worse.

222 posted on 02/16/2010 3:29:48 PM PST by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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