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To: Puppage
As I remember it (and I'm not a legal expert and was never quite clear on all the legal wrangling anyway) the US Supreme Court overturned the Fla SC because they ruled that the Fla SC denied due process to those whose votes hadn't been counted (because Al Gore is the only guy in history to contest an election only in districts he won).

This was the right decision for the wrong reason: the reason the Fla SC should have been overturned was because their decision was un-Constitutional because the Fla Sec of State had followed the law exactly. All the provisions for recounts had been met by Ms. Harris and the law followed.

Bottom line is that the Fla SC was wrong and acted un-Constitutionally, and the SCOTUS was right to overturn them. They just did it for the wrong reason.

(The reasoning is important because we now have a precedent for the SCOTUS getting involved in elections at the state level, which is dangerous. Justices Scalia and Thomas said this is in a concurrent opinion; they were the only two).

I apologize if my memory is faulty. It's been a while.

All that having been said, I'm not sure what that has to do with getting Congressional approval to go to war. Are you saying that because the SCOTUS overturned a bad state court decision that the Executive has the authority to ignore his Constitutional obligations? I don't follow...

57 posted on 07/31/2002 11:53:10 AM PDT by Cacophonous
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To: Cacophonous
The Florida Constitution states that the election MUST be certified no later than 1 week from the end of the election. FSC totally disregarded that & gave them more time. Whatever, it's really not importnat now. The welfare of America & it's citizens (whose protection is the governments main job)is what's important, and it's coming under attack.
64 posted on 07/31/2002 11:59:55 AM PDT by Puppage
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To: Cacophonous
The United States has formally declared war only five times: The War of 1812, the Mexican War, the Spanish-American War, World War I and World War II. In more than 200 other cases, the United States has made war or acted militarily without a formal declaration.

How do you read the Constitution to say that there is an "obligation" to declare war?


74 posted on 07/31/2002 12:14:20 PM PDT by CapandBall
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