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To: Bux who wrote (89747)	12/10/2000 5:30:46 PM
From: waverider	Read Replies (2) \| Respond to of 152472

Bux, lets get something straight right from the get go. We both have our own partisan perspectives that serve as background matrixes through which we see the world. To claim otherwise is ridiculous. It has been very clear from the beginning of each post we have read here on this subject this weekend that each person has staked out an opinion based on their own partisan view...including the examination of your own posts. So lets not assert a holier than thou attitude. You are as opinionated as the rest of us. Something we hold dear here on the "Coming Into Buy Range" thread...and we welcome yours. Now, about the US Constitution. You state in one of your previous posts that: >>>Isn't that how elections are supposed to be decided (by the vote count)?<<< Elections per se yes...but the US Constitution has never granted the right of a direct vote by the masses. When it does mention voting, it does so in the negative such as in Article 19..."The right of citizens of the United States to vote shall NOT be denied or abridged by the United States or any State on the account of sex." It does state, however, that (under Article II, Section II): "Each state shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress..." That is the issue that you have neglected in your discussion. The Florida legislature has written laws governing the appointment of electors and the process by which elections shall be conducted. And they will be the ultimate democratic body that will be selecting those electors. Yes, the State courts have a right to interpret State laws. But they do not have a right to perform a wholesale amendment of State laws as written by a duly elected body (the State legislature) or as carried out by a duly elected official (Secretary of State). The Florida State court has done both. The Secretary of State made a legal decision and the State Supreme Court rejected her decision by rewriting Florida law. On a practical basis, the Florida Supreme Court understood the implications of their decision and should have stopped the confusion there. Instead, they ignored the US Supreme Court (by not YET addressing the USSC's questions) and forced the USSC into a political jungle that did not need to happen. It would have been much more preferable for the issue to stop in Florida this weekend. The Florida Supreme Court's lack of historical understanding is quite obvious. In addition, Al Gore should have stopped the process and NOT appealed to the Florida Supreme Court. Had he done so, we would not be in the serious state of confusion now by forcing the US Supreme Court into the political arena of partisan elections. This would have been a smooth move frankly. Regardless of any recounts by the Freedom of Information Act, he would have come out of this as a man of great honor that would have insured his political future. The man is an idiot for not understanding this and acting on it...especially considering the implications of all this legal sharp shooting. Yes Bux, I voted for George Bush. And I realize I am not an unbiased observer. But it should be clear to anyone with a brain that recounting votes over and over by subjective individuals will result in as many different tallies as Carter has liver pills (now there is an old phrase). In an election that is a close as this, you would probably have to do a dozen recounts and get an average to get any reasonable validity at all. And with that you still MUST have a standard that is clearer than what the Florida legislature has given us...which would require a rewrite of state law AFTER the fact...which returns us to what many of us have been saying in the first place. The rules of the game gave George Bush the state of Florida...the first time and the second time (I've lost count how many more times). The game is over. Gore needs to concede.