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


To: donjuan_demarco who wrote (112482)12/12/2000 3:35:52 PM
From: JLIHAI  Respond to of 769670
 
The purpose of a presidential election is to elect a Constitutional government. Any state law that conflicts with the U.S. Constitution gets trumped by the Constitution. Whether that is the case in this matter before the USSC is to be determined by the Justices.



To: donjuan_demarco who wrote (112482)12/13/2000 11:24:59 AM
From: Knight  Respond to of 769670
 
> Knight, a uniform standard would be illegal.

According to the Supreme Court's decision it would not have been illegal. Based on my understanding of the decision, not setting a uniform standard was one of the major ways in which the Florida Supreme Court failed in this situation. In this case, the Florida Court could have simply clarified the definition of "clear intent" and ruled out certain methods as not meeting that standard ("dimpled chads," etc.). This would not have been making new law it would have been interpreting words within the existing law, which is clearly within the purview of a court. This is entirely different from altering deadlines that are clearly set forth in the law.

The Florida Supreme Court failed in a major way: They usurped the legislative and executive prerogatives in some cases (changing the deadline and ordering recounts prior to the certification). However, in the clear case that cried out for proper judicial interpretation/clarification (the statewide standard), they neglected their duty.