Ramble On is a great Led Zeppelin Tolkein song. Will caps help?
STATE COURTS HAVE NO SAY OR STANDING IN THE ELECTORAL PROCESS. NONE! Gore was slaughtered in SCOTUS (9-0 was IT, mate!) and EVERY circuit (uberdy-duberdy liberal circuits). Even the Florida Chief Justice called his colleagues fools, and he was a super lib too. Your opinion is fine. But the constitution rules. I'll try again: STATE COURTS HAVE NO SAY OR STANDING IN THE ELECTORAL PROCESS. NONE! Article II, Section 1. Christ, READ IT! The rest of us have, and your cruelty to dead horses is disgusting On Jan 5, 4:11 pm, Tommy News <[email protected]> wrote: > No, Greg, the Reich wing SCOTUS got it wrong. Bush versus Gore was > decided on political bias rather than on legal grounds. > > Empirical Documentation and Proof: > > Bush Vs. Gore--Supreme Court Republicans Decide Election > > Was the Supreme Court’s ruling an example of judicial activism > supporting election fraud? There are numerous cases where the state > courts have supervised recounts, and this should have been another > such case; however, the Supreme Court stepped in and stopped the > recount, by overturning the Florida Supreme Court’s holding > authorizing the recount. Given the diffidence the Republican packed > Supreme Court has shown both to federal and state governments and > their courts since November of 1975, political bias is the only > reasonable conclusion in Bush vs. Gore. Moreover a purported conflict > of the 2 statutes (7 day limit for certifying an election result, and > the 6 days to challenge to call for a recount) is easily resolved by > interpreting as conjunctive, namely that the recount law stays the 7 > day limit. The Supreme Court didn’t need to overturn the Florida > Supreme Court holding which stayed the time limit and for Florida made > election recounts unlikely. Bush versus Gore was decided on political > rather than legal grounds. > > Even more disconcerting is the fact that politics decides law > enforcement. The criminal violation of election laws and civil rights > were ignored by the attorney generals’ office (state and federal) and > the legislative bodies. The attorney general’s offices were filled > with Republican appointees, and Republicans controlled both federal > and state legislatures. Obviously our country needs an independent > department of the FBI set up just to investigate political crimes. I > would suggest that such a department should be under the supervision > of law professors—jk. > > How the courts handled the election issue > > Fromwww.wikipedia.org > > Bush v. Gore, 531 U.S. 98 (2000), was a U.S. Supreme Court case heard > on December 11, 2000, which directly influenced the outcome of the > 2000 presidential election. In three separate opinions, seven justices > found that a ballot recount then being conducted in certain counties > in the State of Florida was to be stopped due to the lack of a > consistent standard; two justices disagreed. A 5-4 majority further > declared in a per curiam opinion that there was insufficient time to > establish standards for a new recount that would meet Florida's > deadline for certifying electors. > > The decision stopped the statewide recount that was occurring in > Florida and allowed Florida Secretary of State (and Bush's Florida > campaign co-chair) Katherine Harris to certify George W. Bush as the > winner of Florida's electoral votes. Florida's 25 electoral votes gave > Bush a majority of the electoral college with 272 votes and enabled > him to win the Presidency. > > The Presidential election in question took place on November 7, 2000. > Under the Electoral College system, each state conducts its own > popular election for president, and the winner of each state's > election receives a number of "electoral votes." The winner of a > majority of the electoral college is elected President of the United > States. In 2000, 270 electoral votes were required for victory. > > On November 8, 2000, the Florida Division of Elections reported that > Bush had a margin of victory of 1,784 votes.[1] The margin of victory > was less than 0.5% of the votes cast so an automatic machine recount > was issued. The recount resulted in a much smaller margin of victory > for Bush—on November 10, with the machine recount finished in all but > one county, Bush's margin of victory had decreased to 327.[2] > > Florida's election laws[1] allow a candidate to request a county to > conduct a manual recount, and Gore requested manual recounts in four > Florida counties: Volusia, Palm Beach, Broward, and Miami-Dade. The > four counties granted the request and began manual recounts. However, > Florida law also required all counties to certify their election > returns to the Florida Secretary of State within seven days of the > election,[2] and several of the counties conducting manual recounts > did not believe they could meet this deadline. On November 14, the > statutory deadline, the Florida Circuit Court ruled that the 7-day > deadline was mandatory, but that the counties could amend their > returns at a later date. The court also ruled that the Secretary, > after "considering all attendant facts and circumstances," had > discretion to include any late amended returns in the statewide > certification.[3] Prior to the 5pm deadline on November 14, Volusia > county completed its manual recount and certified its results. At 5pm, > Florida's Secretary of State Katherine Harris announced that she was > in receipt of the certified returns from all 67 counties, while Palm > Beach, Broward, and Miami-Dade counties were still conducting manual > recounts.[4] > > Harris issued a set of criteria[3] by which she would determine > whether to allow late filings, and she required any county seeking to > make a late filing to submit to her, by 2 p.m. the following day, a > written statement of the facts and circumstances justifying the late > filing. Four counties submitted statements, and, after reviewing the > submissions, Harris determined that none justified an extension of the > filing deadline. She further announced that after she received the > certified returns of the overseas absentee ballots from each county, > she would certify the results of the presidential election on > Saturday, November 18, 2000.[5] > > On November 16, Gore and Palm Beach filed suit to compel Harris to > accept the amended returns, and on November 17 appealed the case to > the Florida Supreme Court.[4] On November 17, the Florida Supreme > Court issued an injunction preventing Harris from certifying the > election, pending a final ruling of the court. On November 21, the > Florida Supreme Court, in Palm Beach County Canvassing Board v. Harris > (Harris I) ordered Harris to accept the results of any manual recount > certified before November 26 at 5pm. > > On November 22, Bush appealed the Florida Supreme Court's ruling to > the United States Supreme Court. On December 4, the Court rendered its > decision in Bush v. Palm Beach County Canvassing Bd., 531 U.S. 70 > (2000). The Court opinion remanded the case back to the Florida > Supreme Court for a clarification as to whether the basis for their > ruling was the Florida constitution or Florida statutes. The Court was > concerned that if the basis of the ruling was the Florida > constitution, which was not written by the Florida legislature, the > ruling might be unconstitutional under Art. II, § 1, cl. 2 ("Each > state shall appoint, in such manner as the Legislature thereof may > direct, a number of electors . . ."). > > While the Supreme Court appeal was pending, Miami-Dade county canceled > its manual recount on the ground that it could not complete the > recount by November 26.[6] Gore sued to compel Miami-Dade to complete > the recount but lost. On November 26, Harris certified the Florida > Election. She declared Bush the winner of the Florida election with > 2,912,790 votes over Gore, who had 2,912,253—a margin of 537 votes, or > about 0.01%.[7] > > BACKGROUND > > On November 27, Gore filed suit to contest the certified results of > the election. The case was heard by Judge N. Sanders Sauls, who denied > the requested relief on December 4. Gore appealed the case to the > Florida Supreme Court. On December 8, the Florida Supreme Court issued > its opinion in Gore v. Harris (Harris II). The court ordered a manual > recount of only undervotes,[5] to be conducted by the Leon County > district court, for ballots from the counties and portion of > Miami-Dade county not subject to the previous manual tally. The court > further ordered that the results of the November manual recount, which > was conducted by the various County canvassing boards, for disputed > ballots in three counties and portions of a fourth county, which would > have presumeably included some overvotes, be included in the final > state tally. Bush appealed the decision to the U.S. Supreme Court on > December 9, and the Court issued a 5-4 injunction stopping the 64 of > 67 county recount pending a final decision. The split on this was the > same as the 5-4 split in the final ruling. > > The oral arguments in Bush v. Gore were brought before the court on > December 11 by lawyers representing both sides. Due to the nature of > the case, the U.S. Supreme Court gave its opinion just 16 hours after > hearing arguments. The Florida Supreme Court provided the requested > clarifications on Bush v. Palm Beach County Canvassing Board while the > U.S. Supreme Court was deliberating Bush v. Gore; the two cases were > subsequently combined. > > RELEVANT LAW > > U.S. Const. amend. XIV, § 1 > "No State shall...deny to any person...the equal protection of the laws." > > [edit] > > U.S. Const. art. II, § 1, cl. 2 > "Each State shall appoint, in such Manner as the Legislature thereof > may direct, a Number of Electors...." > > [edit] > > 3 U.S.C. § 5 > "If any State shall have provided...for its final determination > of...the appointment of all or any of the electors of such State...at > least six days before the time fixed for the meeting of the electors, > such determination...shall be conclusive." > > THE ISSUES > > The court had to resolve two different questions to fully resolve the case. > > Who wins on the merits of the case: Bush or Gore? In other words, are > the recounts as they are currently being conducted, constitutional? > If the recounts are unconstitutional, what is the remedy? > The court, especially the majority, had trouble with the timing: they > thought that there was little chance of the recount being finished by > the December 12 safe harbor deadline. > Bush was essentially making two distinct claims: > > [edit] > > Equal Protection Claim > Bush argued that the recounts in Florida violated the Equal Protection > Clause of the 14th Amendment because there was no statewide standard > that each county board could use to determine whether a given ballot > was a ... > > read more » -- Thanks for being part of "PoliticalForum" at Google Groups. For options & help see http://groups.google.com/group/PoliticalForum * Visit our other community at http://www.PoliticalForum.com/ * It's active and moderated. Register and vote in our polls. * Read the latest breaking news, and more.
