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Politics : Formerly About Advanced Micro Devices
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To: tejek who wrote (129066)11/26/2000 9:46:14 PM
From: hmaly  Read Replies (1) of 1581727
 
Ted Re...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.<<<

The Fla Supreme court has the right to over rule; the question is if the court has a right to set a date, and does the court have the right to take the SOS discretion away about counting the votes when she is given that discretion by law. If the court takes that discretion away, it is the legislatures job to set the rules, not the courts.

Again as I understand it, the FL and the US Supreme Courts can interpret laws in a way not intended by the initiating legislature, <<<<<

No the court can only say what they think the intention of the laws are; they can only interpret the meaning of the laws, or strike them down as unconstitutional. If the court finds the law unconstitutional; then the court would send it back to a lower court, so that judge can make a ruling based on the Supreme courts finding.The courts cannot amend the law.

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. <

The court could do that because there were two laws. The court ruled that the law allowing hand recounts superceded the other. The question is if the Fla court then had the right to set a date, and take away the SOS discretion when it is given to her by law. The Bush camp argues the question should have been set back to the legislature.
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