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Black Portfolio

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S: Bush v. Gore (2000)

FC: Bush v. Gore (2000)

1: George W. Bush | Al Gore

2: Background Information

3: There was substantial debate in the election of 2000 over whether or not there had been a miscount of ballets. | George W. Bush was running against Al Gore

4: oh hey | “An accurate vote count is one of the essential foundations of our democracy." –Chief Justice Charles Wells | Bush considered himself a “uniter, not a divider”

5: “The counting of votes that are questionable legality does in my view threaten irreparable harm to the country.” –Justice Antonin Scalia

7: On the night of the 2000 election, many went to sleep confident that Al Gore would be the declared president. Come the next morning, however, Bush had won. | In all the election was just too close a call, but improprieties came down to the state of Florida. | A week later, on December 8th, the Florida Supreme Court ordered a massive recount of ballots in Florida and decided to extend the time to certify votes past the period set by law. | The U.S. Supreme Court than interposed itself into the case by exercising its discretionary appellate review jurisdiction and granted certiorari to review Bush v. Gore

9: The U.S. Supreme Court decided to enforce a temporary delay in Florida’s recount. | The Court's third and final intervention in the 2000 presidential election came just days later. In an unsigned opinion the Court explained that it had voted a majority of 5 in favor to put a stop to the Florida recount. Allowing the recount to go forward, the Court said, would violate the Equal Protection Clause of the Fourteenth Amendment. The presidential election of 2000 had been decided ultimately by the vote of one Supreme Court justice.

11: Many Americans worried that the Court had gone too far. The court explained its decision by validating that Bush V. Gore was a political instead of a judicial matter, and by those means did not need to be unanimous. The Supreme Court agreed to act after the election of 2000, because in sense, the justices had no choice. The contest between George W. Bush and Al Gore proved too close to call and the contestants resorted to a series of lawsuits instead of an effort to settle the matter. These suits proceeded simultaneously in the state court system and in federal court, which made things especially messy. There was a constant push and pull of power between the state, which felt obligated to figure out its own issue and the federal court, which had to settle the matter in an prompt and constitutional manner.

12: The cases largely concerned the matter and manner of vote counting (and recounting) in the pivotal state of Florida. There were charges of voter intimidation, ballot rigging and miscounts. Did the Florida Supreme Court violate Article II Section 1 Clause 2 of the U.S. Constitution by making new election law? Do standardless manual recounts violate the Equal Protection and Due Process Clauses of the Constitution?

16: . "Bush v. Gore." The oyez project at iit chicago-kent college of law.. The Oyez Project at IIT Chicago-Kent College of La, 2011. Web. 29 May 2012. . . "Supreme Court Case Study: Bush v. Gore." Dummies. John Wiley & Sons, Inc, 2009. Web. 29 May 2012. . . "GEORGE W. BUSH, et al., PETITIONERS v.." findlaw.com. N.p., Dece. Web. 29 May 2012. . | . "Bush v. Gore." The oyez project at iit chicago-kent college of law.. The Oyez Project at IIT Chicago-Kent College of La, 2011. Web. 29 May 2012. . . "Supreme Court Case Study: Bush v. Gore." Dummies. John Wiley & Sons, Inc, 2009. Web. 29 May 2012. . . "GEORGE W. BUSH, et al., PETITIONERS v.." findlaw.com. N.p., Dece. Web. 29 May 2012. .

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  • By: Mitchel B.
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  • Title: Black Portfolio
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