Electoral College 2000 - Ahead of the Curve Message Board

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Politics : Electoral College 2000 - Ahead of the Curve

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To: Cisco who started this subject	12/1/2000 5:50:12 PM
From: Bill Fischofer	Read Replies (1) of 6710

U.S. Supreme Court Opportunity The real opportunity for the U.S. Supreme Court is to delineate exactly what the judiciary's role is in Federal elections. This isn't really about recounts and dimples. At its root, the question is how are close elections to be decided? These are ultimately political, not judicial questions, and the Supreme Court is the only venue which can clearly and unambiguously rule on this from a separation of powers perspective. Elections are political, not legal contests, and except in cases of outright fraud or gross misadministration (none of which has been alleged by either party) elections are essentially non-justiciable. This is why the Constitution clearly delegates adjudication of disputed elections to the political body (the legislature) rather than to the courts. Such a ruling by the U.S. Supreme Court would resolve this impasse very quickly. Any other ruling would lead to a continuation of legal challenge and counterchallenge over issues that no court will ever be able to resolve to the satisfaction of both parties or the public at large.

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