The Florida legislature also indicated in its laws that the election of Florida's presidential electors should be decided by the winner of a secret vote of its citizens. As you are about to find out, that vote was rightfully won by a candidate different than the candidate they ended up being certified before the court process had been finalized (pt to death as it was by the U.S. Supreme Court). That candidate was still in the process of completing an election contest clearly enacted by the Florida legislature, in a statute that was expanded in 1999 to encompass exactly the type of issues raised here (see, e.g., the FSC majority opinion's footnote showing how the 1999 amendments are the very provisions pursuant to which this contest was being litigated by Gore -- the demonstration that challenged ballots reflecting clear voter intent are sufficient to change the outcome of the election). That contest is to by statute to be decided by the Florida judiciary -- also a legislative provision. And the acts of Florida circuit courts are subject to appellate review -- also a Florida legislative provision (and in the Florida constitution to boot, which is legislatively re-enacted every 5 years in Florida).
Under principles of federalism laid out in the Bill of Rights, states are specifically reserved the right to organize their state governments as they see fit. In Florida, they chosen to have a system of government which involves appellate review as the "court of last resort" -- it's in the Florida constitution, and enacted in its laws as well. The U.S. Supreme Court had no business getting involved in any substitution of its judgement for that of the Florida courts on these issues of state soveriegnty. The irony here is that the the U.S. constitutional issue in this case, to the extent it exists at all, militates AGAINST the U.S. Supreme Court getting involved, because it reserves the issue of selecting electors to the states, and recognizes every state's right to organize its own government as it chooses. See, e.g., Souter's dissent and hundreds of cases on this issue of federalism.
The Supreme Court grossly overstepped, in a decision that can only be seen as political, and that will damage the perception of integrity and political impartiality that the Supreme Court has generally enjoyed. I say this not because I am a saddened Gore supporter, but because the majority opinion is an abomination. Love the result if you want to -- it places the second place finisher in the white House, but he is, after all, your candidate -- but don't tell us it was principled or correct, as it was neither. |
