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Politics : PRESIDENT GEORGE W. BUSH
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To: donjuan_demarco who wrote (114366)12/13/2000 4:18:29 PM
From: lml  Read Replies (1) of 769670
 
To think that after all that time, it was only last night that we discovered the statute has been unconstitutional from the start. . . Who would have known.

Well, certainly not the Florida Supreme Court, at least upon a de novo case brought before it, perhaps a recent as 10-15 years ago. Once a law is on the books, to determine whether the law is unconstitutional requires that a controversy arise under that statute and the matter brought before a court of law whose job is to INTERPRET that statute. Occasionally, through legislative action an unconstitutional law may be rectified by subsequent amendment, but the pre-amended law is legally not unconstitutional until a court rules it is so.

Here, the Florida Legislature apparently has a poorly word set of election laws that will undoubtedly undergo significant review and revision in the next legislative session. Notwithstanding it is also apparent from the record that this Presidential election is not the first controversy to test Florida election laws. As I see it, it is quite surprising that the Florida courts have not seen the unconstitutionality of their own election laws calling for hand counts, not only resulting from prior controversies preceding this presidential election, but more so from this presidential election controversy when the very issue of equal protection and infringement of substantive due process of the voters' rights stood squarely in the cross-hairs.

Perhaps the Florida SCt. justices need to have Lasik surgery on their jurisprudence vision going forward.
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