Consistency and motives and law
night at teleport.com
Thu Aug 15 21:51:25 EST 2002
The action of the Florida Supreme Court, in granting Bush victory over
Gore, was consistent with the purpose of judiciary agency. In order to
render a decision, the court must ultimately conclude in accordance with
existing legal precedents.
The United States Constitution establishs the basic principles to which the
nation's internal life must be conformed.
Article II Section 1 (2) vests the appointment of electors with the State
(3) describes how the electors determine the outcome in Presidential
GEORGE W. BUSH, et al., PETITIONERS v.
ALBERT GORE, Jr., et al.
ON WRIT OF CERTIORARI TO THE FLORIDA SUPREME COURT
[December 12, 2000]
"The individual citizen has no federal constitutional right to vote for
electors for the President of the United States unless and until the state
legislature chooses a statewide election as the means to implement its power
to appoint members of the Electoral College".
U.S. Const., Art. II, §1.
...The State, of course, after granting the franchise (the right of
individual citizens to vote for the candidates) in the special context of
Article II, can take back the power to appoint electors... There is no doubt
of the right of the legislature to resume the power at any time, for it can
neither be taken away nor abdicated"
(quoting S. Rep. No. 395, 43d Cong., 1st Sess.).
In the context of our specific example, the US Constitution's 14th Amendment
does not apply.
The motive of our forefathers in structuring the governancy of Presidential
elections was the unanimous concern of states for sovereign rights. This was
a major reason the Revolutionary War was waged. Democractic ideals were
acknowledged in principle by the founders but a United States republic was
in fact created.
Florida could legally act independent of any state voter outcome and did so.
As to the motive behind the Florida legislature's exercising of its
discretion, Bush had the power to get action. Calls were made, promises were
made. American politics working like it always has.The quest for perfection
in a politically charged American contest nicely illustrates how and why we
act. J T Dunaway
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