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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?


To: donjuan_demarco who wrote (112217)12/12/2000 1:34:33 PM
From: H-Man  Read Replies (1) | Respond to of 769670
 
The florida statute is unconstitutional. That is what is before the court.

The fact that they can do a recount is not at dispute. How they do it is.

your second question is quite simple really. It does discriminate, but if there is no harm, it does not violate the constitution. In an election where the margin of victory is wide, differences in how you count will not matter. And although a vote may be counted differently, and thus be discriminatory in it's nature, since no harm is done, there can be no constitutional issue.

It is a longstanding principle of Amercan Justice that if no harm no violation. Particulary in constitutional law.

When the margin is small, the same discrimnatory practice is applied, only this time it does make a difference in the total, thus harm is caused. Makes it unconstitutional.

Again how you count is what is at issue. I notice you skip right over Fl Secretary of state authority there.