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Politics : Why is Gore Trying to Steal the Presidency? -- Ignore unavailable to you. Want to Upgrade?


To: The Philosopher who wrote (2764)11/28/2000 2:10:09 PM
From: lml  Read Replies (2) | Respond to of 3887
 
Hi Chris:

Zealous Advocacy

I understand your argument on the ethical standards of lawyers. But I think the standard is to be able to make a colorable argument on the issue, regardless how tenuous the merits. So, the standard might be is not whether or not the Court has jurisdiction but rather whether a color argument may be made to put the jurisdiction of the Court in question.

Delegation by Legislature of Presidential Electoral Powers

I agree. I can't cover all bases, particularly late at night. [It soooo tiring!!! <ggg>] Your points are well taken and endorsed by me.

Concurrent Jurisdiction

Of course. You are correct. The Florida Supreme Court has certainly has jurisdiction to INTERPRET the laws enacted within its own jurisdiction regardless of where they may have ultimate effect. The fact that they meddled with the Florida statutes as APPLIED to the Presidential election does not necessarily render such application invalid IF it is CONSISTENT with Federal interpretation on such matters. We both know that under the Supremacy Clause where Federal interpretation difference from state interpretation on a similar matter in which there is a Federal interest, the Federal interpretation will prevail.



To: The Philosopher who wrote (2764)11/28/2000 5:15:11 PM
From: Ilaine  Read Replies (2) | Respond to of 3887
 
Chris,

I watched the meeting of the Florida Legislature's special committee convened to consider whether the Florida Legislature should appoint Florida's Electors if the controversy isn't resolved by midnight, December 11. I am convinced that not only do they have the power to do so, they will exercise that power.

3 U.S.C. § 2 - Failure to make choice on prescribed day.

Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.