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Politics : Electoral College 2000 - Ahead of the Curve

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To: globestocks who wrote (6259)12/14/2000 5:52:16 PM
From: The Philosopher   of 6710
 
And how
is it that the Supreme Court decided a recount violated due process, when Florida law
permits such a practice?


Come now. You may fancy yourself an economist, but you're no lawyer.

Number one: the USSC did NOT say a recount would violate due process. They said a STANDARDLESS recount would violate equal protection.

Number two: states frequently -- well, more often than occasionally, what's between occasionally and frequently? -- pass laws that turn out to be unconstitutional. Just because Florida passes a law making recounts the law does NOT mean that that law is constitutional. That's one reason why we HAVE a Supreme Court. (Otherwise, abortion would now be illegal in about half the states.) The Florida legislature is fully entitled to pass a recount law. But it has to be a Constitutionally valid recount law,and their current law ain't, according to the Court.

Heck, all you need to do to see the fallacy in your statement is assume that Florida passes a law saying no member of the Democratic party may run for office in any election in Florida. Just because Florida passed such a law, would you be upset if the USSC said "now, now, boys, you cain't do that"?
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