(Untitled)

Nov 04, 2004 12:23

Well, to hopefully add a bit of sunshine to the general melancholy of LJ today (at least for those of you in Alabama), I'm just glad that the Same-Sex Marriage ban wasn't on the freakin' ballot (not that I think that'll last long, but at least we've put off the idiocy for a bit longer).

As for those of you in Arkansas, the state did pass a Same-Read more... )

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Constitution, Shmonstitution! halcyonbluehue November 4 2004, 07:41:40 UTC
Honestly Scott, I thought we threw that thing out after the General Election of 2000. I guess our great Nation simply lacks your sagacious judgment and insight into our foremost founding document. ::cough:: GO TO LAW SCHOOL! ::cough::

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Re: Constitution, Shmonstitution! erinthegreat November 4 2004, 10:56:07 UTC
I'll take you up on that, Jud! I will go to law school and be the best damn Republican you know. And look at it this way...the law is unconstitutional, but until the law is instated it can't be struck down. Now we can start a betting pool on which state will be challenged first (my money is on Oregon), and on a side note, I resent that snide comment about the 2000 elections, which I thought was a beautiful example of our constitution being IMPLEMENTED and not ignored. Love you.

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Re: Constitution, Shmonstitution!/Splitting hairs can be fun! halcyonbluehue November 4 2004, 20:48:46 UTC
Well if I may opine (and since this is your lj, Scott, I hope you don’t mind our tangent), had the Supreme Court “really” wanted to uphold the Constitution they should have sent the vote to the House of Representatives. Bush still would have won. But doing so would have acknowledged that the electoral vote, and by extension the popular vote, was too close to call, which it was. Furthermore, this decision would not have explicitly sided with either candidate in Bush v Gore. The Court should have maintained as neutral a position as possible. The Supreme Court should have recognized the election as a tie or, foregoing that, merely deemed the whole recounting process too partisan to be taken seriously and sent the matter to the House as a last resort ( ... )

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Re: Constitution, Shmonstitution!/Splitting hairs can be fun! erinthegreat November 4 2004, 21:42:26 UTC
I'm terribly sorry, I have never been able to shut up when I should.

The court didn't rule on the candidates, they ruled on the Florida Supreme Court's right to order a recount of unclear ballots in which counters were to "discern voter intent." The U.S. Supreme Court overturned the Florida S.C. ruling because the voters' intents were being interpreted by three or four different guidelines and applied unevenly across the state, a violation of equal protection in elections, and the court had decided to disregard the state's election rules about halfway through the case. Seven of the nine justices agreed that equal protection clauses were being violated, although interestingly, two justices appointed by Democrats dissented in overturning the case

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