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To: JungleInvestor who wrote (79864)	11/23/2000 1:53:28 PM
From: kodiak_bull	Read Replies (2) \| Respond to of 95453

Jungle, No, I only type for a few friends here and on an occasional Yahoo board. I don't believe George Will is surfing this board, btw. But he makes a very simple, straightforward summary of the separation of powers and judicial review.* (see note below) The standard for administrative review (arbitrary or capricious) is simply black letter law from any law school's Administrative Law Course. My Admin Law teacher now sits on the Supreme Court (Stephen Breyer) and it will be interesting if the real Supreme Court takes this case (which I doubt) and gives a civics lesson to the junior varsity sitting in Tallahassee. Steve Breyer, left of center though he is, still remembers how the law works, I believe. I am really surprised that no one has floated the idea that the Secretary of State of Florida could simply defy the court order and certify the November 14 results in accordance with the law of Florida. For back-up she could simply rely on counsel's opinion that the Supreme Court had exceeded its authority in writing law. So the Supreme Court comes back and finds the Sec'y of State in contempt. How do they enforce it? They can't, not without the aid of the executive branch (including the sec'y of state) who say, no, that's not a valid order of the court. We won't enforce it. So THAT question gets kicked up to the U.S. Supreme Court. That's the Kodiakbull neat way of ensuring that the real Supreme Court reviews the Seven Dwarves' Dangerous Frolic and Detour. The Varsity Supes could not, realistically, turn down the case of a state supreme court against a state executive branch on the subject of federal law. But maybe the barristers in the Sunshine State have considered this and tossed it as too dangerous. I personally think it is sounder (the Executive Branch enforces the written law, rejects unconstitutional judicial legislation) than going into a political session and having a Republican majority vote a new law. That second option pretty much stinks and will have long lasting political repercussions that nobody in his/her right mind wants. One thing for sure, Davie Boies et al were completely shocked (happily) by the gullibility of the Seven Dwarves. _______ *General civics is pretty much what most high school kids used to learn in A.P. U.S. History (usually taught to juniors in h.s.) about our country. Of course now U.S. History is taught in only 4 sections: Columbus and other DWEMs rape and pillage the Rousseau-ian virgin land and happy native peoples; the colonies grow fat and rich off the labor of blacks; America pillages and plunders women and minorities, growing ever fatter; and America crushes any individual freedom in its unending thirst for world domination. Today's history taught via slogans and propaganda. Unfortunately there is no time left to discuss the meat of American history: pre-revolutionary issues, the truth of the war, the Continental Congress, Federalist Papers, Alexander Hamilton and the banks, the Monroe Doctrine, the Age of Jackson, the wars of expansion, Dred Scott, the complicated reality of the Civil War and Reconstruction, the Gilded Age, William Jennings Bryan (Cross of Gold), Teddy Roosevelt, Woodrow Wilson's follies, the flapper era, Hoover's blindness, FDR's greatness and failings, WWII, the atomic age, Truman, Eisenhower, Kennedy and world crises, the Vietnam debacle, a Second Reconstruction (Ford-Carter-Reagan), the information age. Real history is complicated, not concocted of slogans and propaganda, and much harder to teach and learn. Like any true knowledge system (think of physics), it inevitably leaves you with more and more questions, rather than pat (and patently false) answers.