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To: ratan lal who wrote (122273)12/12/2000 3:14:51 PM
From: Jim McMannis  Read Replies (2) | Respond to of 186894
 
RE:"When USA was formed (13 original states I beleive), the only authority ceded to teh feds was national security and commerce. Since then, hasnt the fed slowly but surely been usurping state authority in almost all fields?"

One could argue that the courts have far more power than they used to. I think there is evidence to that matter...but it really is another story.

I think the case for federal intervention is that constitutionally is says that the law must be fairly and evenly applied...or something like that. Frank or Duke can clarify. So if the USSC sees the votes in FL not all treated the same, in the case of a count, recount, it throws up some red flags of unconstitutionality.
THE USSC has 3 choices...
1. find for Bush, the recounts stop. They would justify this by saying that a fair recount across the whole state is impossible because of no standard, partisan canvassing boards, overhandled ballots or whatever. They would liely say, take the machine counts and get out of our court. The election is likely over at this point and on time as time is a factor here.
2. Punt it back to the state and tell the FL SOS and Legislature to find a standard and recount the whole state.
This means it doesn't end. Maybe ends up back in the USSC
because of what a fair standard is. The USSC knows this.
3. Find for Gore and let the hand recount of the undervotes continue...again it doesn't end.

There is one more possiblity. The FLSC over turns the lower courts and throws out those Seminole and Martin county absentee ballots and Gore wins...
but it probably wouldn't end there...

Jim