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Politics : Formerly About Advanced Micro Devices
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To: hmaly who wrote (129063)11/26/2000 7:10:06 PM
From: tejek  Read Replies (2) of 1582284
 
Harry

Ted, AFAIK the Supreme court is going to decide if the Fla. supreme Court overstepped its bounds when it set a new date for certification of the votes. And does the FLA supreme court have the jurisdiction to over rule the legislatures and SOS; when it concerns how these people do their job;

As I understand it, yes, it does have the jurisdiction to overrule; its part of the checks and balances in our system of gov't.

If it is against the constitution fine, but otherwise the legislature has the right to pass laws and the SOS has the right to do her job as long as they obey the constitution. It is the Fla supreme courts right to reject a law and then send it back to the legislature, so it can be amended; the FLA Supreme court has no right to amend the law itself.

Again as I understand it, the FL and the US Supreme Courts can interpret laws in a way not intended by the initiating legislature, and they can strike down laws passed by a legislature by declaring it unconstitutional. In this particular instance, they interpreted the provisions of the FL election law to permit more time to count/recount votes....they felt it was in the best interest of the state and the country. From my pass reads of state and federal supreme court rulings, it hardly seems like major stuff. Then again I am not any attorney.

If the Supreme court over rules the Fla Supreme ct. then the previous ruling would stand, unless it is thrown back to the local courts or back to the legislature to decide the winner.

I don't know...you may be right.

ted
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