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Politics : PRESIDENT GEORGE W. BUSH

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To: Kenneth E. Phillipps who wrote (72701)11/13/2000 1:18:53 PM
From: DMaA  Read Replies (3) of 769670
 
Response requested from all lawyers auditing - what does the word shall mean? I've seen this question come up again and again over the years, and there doesn't seem to be an answer. I've asked dozens of lawyer this question and none can give me a definitive answer.

Have you any doubt why Americans are losing respect for the law?

I know that the folks working for the Florida Secretary of State say the word "shall" in the certification statute eliminates any discretion, but in 1990 I litigated that very issue, over the meaning of the word "shall."

The judge said 'shall' was not a mandatory verb, even though I had an expert linguist expert saying it is the most mandatory verb in the English language. Folks, this is called "judicial activism," which is something Bush wants to stop in the federal judiciary.

newsmax.com
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