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Politics : PRESIDENT GEORGE W. BUSH
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To: chalu2 who wrote (100182)12/4/2000 12:23:26 PM
From: jhild  Read Replies (2) of 769667
 
After reviewing the opinion of the Florida Supreme
Court, we find "that there is considerable uncertainty as to
the precise grounds for the decision." Minnesota v. National
Tea Co., 309 U. S. 551, 555 (1940). This is sufficient
reason for us to decline at this time to review the federal
questions asserted to be present. See ibid.

"It is fundamental that state courts be left free and
unfettered by us in interpreting their state constitutions.
But it is equally important that ambiguous or
obscure adjudications by state courts do not stand as
barriers to a determination by this Court of the validity
under the federal constitution of state action. Intelligent
exercise of our appellate powers compels us
to ask for the elimination of the obscurities and ambiguities
from the opinions in such cases." Id., at 557.

Specifically, we are unclear as to the extent to which the
Florida Supreme Court saw the Florida Constitution as
circumscribing the legislature’s authority under Art. II,
§1, cl. 2. We are also unclear as to the consideration the
Florida Supreme Court accorded to 3 U. S. C. §5. The
judgment of the Supreme Court of Florida is therefore
vacated, and the case is remanded for further proceedings
not inconsistent with this opinion.
It is so ordered.
a388.g.akamai.net
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