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To: mad_as_he$$
Not so sure about that. Fruit of a tainted tree is still a potent legal theory in this country.

So is popular sovereignty.

If the founders had thought it wise to make the Supreme Court a French Cour de Cassation, I'm sure they would have.

They designed a very clever system. They insisted the electoral votes be opened and counted in public, with the previous Vice-President in the chair, for a reason. I'm sure it wasn't that they thought Congress had nothing else to do.

They also didn't involve the courts in elections, and that was for a VERY good reason.

59 posted on 02/15/2010 4:30:06 AM PST by Jim Noble (Hu's the communist?)
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To: Jim Noble
We agree to a point!!
60 posted on 02/15/2010 4:31:43 AM PST by mad_as_he$$ (usff.com)
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To: Jim Noble
So is popular sovereignty.

The founders were very suspicious of "mob rule". The franchise was limited to "responsible persons", there was and is, no direct voter input into the workings of the government. There is niether recall nor referendum in the Federal scheme they created. It's a representative republic, not a democracy. The People are as limited by the Constitution in their powers over the government as the government is limited in its powers.

They designed a very clever system. They insisted the electoral votes be opened and counted in public, with the previous Vice-President in the chair, for a reason. I'm sure it wasn't that they thought Congress had nothing else to do.

But they also expected the electors to exercise some independent judgment, in fact a lot of independent judgment. Part of the reason they set up that intermediate, single purpose, body was to make foreign "meddling" in our selection of a leader much more difficult. They did not expect them to just rubber stamp the popular vote. People did not even "run" for office as they do today. In those cases where the people voted for electors (in some cases the legislature appointed them, since it's since the Constition gives the legislatures the power to designate the method of their selection), it was the electors' names that were on the ballot, not candidates for the office itself. Heck, even in my first few elections, the names of electors were shown on the ballot, although the candidate they were pledged to was also show.

Instead, most electors are now obligated by law to vote for whomever they were "pledged" to, and their names often, if anywhere, do not appear on the ballot. Originally there was no notion of the electors being formally pledged to anyone. The whole point was to have an independent body of citizens, whose sole function was to select the President.

They also didn't involve the courts in elections, and that was for a VERY good reason.

They gave the federal courts jurisdiction over "All cases in law and equity, arising under" the "Constitution. Surely the eligibility of someone seeking to occupy the highest office, or actually doing so, is a case arrising under the Constitution which sets the eligibility criteria.

169 posted on 02/15/2010 4:36:23 PM PST by El Gato
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