Wednesday, October 26, 2011

2000 Election: Supreme Court Decision


8-10 Facts:
1.) A Minimalist Democratic view is one that is more conservative or moderate.
2.) A Subminimalist Democratic view is one of a more liberal or modern view.
3.) In the unanimous 5-4 to stop the recount, majority of the more conservative judges.
4.) There were a total of 3 other interventions by the Supreme Court in the 2000 Bush v. Gore election.
5.) Petition for Writ of Certiorari.  (informally called "Cert Petition.")  A document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court.  It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ.
6.) The Supreme court (Federal) clearly trumped Florida's Supreme court (State) in their decision to stop the recount; demonstration of checks and balances.
7.) Voters who had marked their election cards with "dimples" producing 'chad' ballots, were considered treated unfair when the votes did not count.
8.) One merit claim by the Supreme court was that, "Six Justices were unwilling to accept Bush's major submission.." claiming Florida Supreme court had mad an unacceptable change in Florida Law.
9.) Reason for inequality in voting; voting ballots differ from county to county, for instance, some use the "butterfly ballot", while most others do not.
10.) Butterfly Ballot- A butterfly ballot is a type of punch card ballot in which the candidates and issues are displayed on both sides, with a single line of numbered marks to punch which runs down the middle. This design can get confusing, especially for harried voters or voters with poor vision. **Not the best choice for elderly voters of Florida's counties**
5 Questions:
1.) Why wouldn't the Florida Supreme Court hold out further arguement that the disclusion of their voter's votes in the election was extremely unconstitutional?
2.)What "irreparable harm" was Bush administration so worried about? Did they believe they didn't actually legitimately win the election..?
3.) Wasn't there a considered bias for the overwhelmingly minimalist/conservative nature of the Supreme Court Judges?
4.) After physically seeing the "Butterfly Ballots", why would anyone ever think such as set up was an appropriate method for gathering presidental votes! Come on people it is for something as important as the Presidental election of the US! STEP YOUR GAME UP.
5.) As for the "Remedy" section, is there any said/set consequence (maybe a new law that should be debated) that is required to be passed due to the legitimacy of the wrongness of the Supreme Court? Or does the decision get to go on without any further consequence because of the Double Jeopardy laws?


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