Wednesday, October 26, 2011

"Order Without Law" (2000 Election)

Facts/Details

  • Minimalism, from Rhenquist Court was in "full display during the 'Bush v. Palm Beach County Canvassing Board' case".
  • In "Bush v. Gore" the vote was not unanimous.
  • Bush argued that Florida court had violated Article II or the Constitution.
  • The recount was voted 4-3 by Florida Supreme Court.
  • Six Justices were unwilling to accept Bush's main submission, that FL Supreme court had produced an unacceptable change in Florida State Law.
  • Many recounts were done neither formally nor correctly.
  • The Court's decision lacked support in precedent or history.
  • The recount was halted because the Court thought it clear that the Florida Supreme Court would interpret Florida Law so as to halt the process.
Questions:
  • Was November 14th far too early of a deadline?
  • Did Florida Supreme Court truly violate Article II of the Constitution?
  • How did "Minimalism" in Rhenquist Court originate?
  • Did the concept of minimalism greatly affect the outcome of this case?
  • How "corrupt" were the recounts?

No comments:

Post a Comment