Monday, October 31, 2011

2000 Election reading, anti-stopping.

Eight to ten facts/details:
1.) Rehnquist's court was minimalist.
2.) The Supreme Court's decision ended the post-election chaos.
3.) The Supreme Court over-ruled all of the state of Florida's authority over it's citizens.
4.) Bush v. Gore is the fourth Supreme Court intervention in the outcome of a presidential election in Florida.
5.) Seeking certiorari, Bush raised three federal challenges to the decision of the Florida Supreme Court.
6.) Certiorari is when the federal Supreme Court tells a state Supreme Court that they will review their case.
7.) December 8, Florida Supreme Court ruled in a 4-3 majority that a manual recount was required by state law.
8.) December 9, Supreme Court issued a stay of the decision of the Florida Court.
9.) The Court's decision lacked history or precedent.

Five post-reading questions:
1.) Why couldn't more people on the court think like Sunstein?
2.) Can the Supreme Court make decisions these days without precedent?
3.) Is it lawful for the US Supreme Court to disregard a state Supreme Court's decision?
4.) What would have happened had Florida kept counting?
5.) Did Gore really win?

1 comment:

  1. "Is it lawful for the US Supreme Court to disregard a state Supreme Court's decision?"

    Court's have interpreted the Supremacy Clause of the US Const. as saying yes to your question.

    "This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding."

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