O'Connor questions court's decision to take Bush v. Gore

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I wonder how she pictures what it would have been like had the Supremes declined to rule at all. Would we still be arguing over “hanging chads”? There are those who say a recount would have still resulted in a Bush win. There are those who say it wouldn’t have.

Who, in the end, would have decided the matter if not the Supremes?

Maybe if the Court had not ruled in Bush vs. Gore, the public view of the integrity of the Court would be greater. But I have a feeling its rulings on homosexual marriage and the various rulings it has and will make on Obamacare are likely to greatly divide the public view of the Court anyway.
 
I wonder how she pictures what it would have been like had the Supremes declined to rule at all. Would we still be arguing over “hanging chads”? There are those who say a recount would have still resulted in a Bush win. There are those who say it wouldn’t have.

Who, in the end, would have decided the matter if not the Supremes?

Maybe if the Court had not ruled in Bush vs. Gore, the public view of the integrity of the Court would be greater. But I have a feeling its rulings on homosexual marriage and the various rulings it has and will make on Obamacare are likely to greatly divide the public view of the Court anyway.
At first I thought you were talking about the music group, the Supremes! And when I saw the name O’Connor, for some reason I thought this was referring to the late John Cardinal O’Connor. My mind is obviously gone…
 
At first I thought you were talking about the music group, the Supremes! And when I saw the name O’Connor, for some reason I thought this was referring to the late John Cardinal O’Connor. My mind is obviously gone…
Don’t feel bad. This morning my computer’s audio wasn’t working and I was going to call tech support until I suddenly realized that the audio cable wasn’t plugged in after a troubleshooter told me to check. I thought my mind had gone! ;):p:D:o

Anyway, as to the subject I really don’t have much of a comment on it. The Bush vs Gore election was the first one I ever voted in. At the time, I voted Democrat because that is a strong tradition in my family. I was also rather liberal back then. I have since swung to the other side and more often than not I side with the Republicans and other conservatives now. But anyway, we can speculate until the end of the world but we can’t go back and change history so I personally don’t see much point in speculating. That’s just my own opinion though.
 
IMHO, the case should have never been in the court system in the first place. Florida (and every other state in the nation) has election laws that dealt with the very problems that arose during the Florida election. The issue for some people was that because of the makeup of the Florida legislature, where this issues was to be resolved by law, the decision would have almost certainly gone to Bush. So the Gore camp brought it to the court hoping for a different outcome.

While most people missed this fact, for me, this is the primary reason Gore should not be president. You can’t have a president (i.e., Chief Executive) whose duty it is to uphold the law, while trying to usurp the law because it doesn’t suit him.
 
IMHO, the case should have never been in the court system in the first place. Florida (and every other state in the nation) has election laws that dealt with the very problems that arose during the Florida election. The issue for some people was that because of the makeup of the Florida legislature, where this issues was to be resolved by law, the decision would have almost certainly gone to Bush. So the Gore camp brought it to the court hoping for a different outcome.

While most people missed this fact, for me, this is the primary reason Gore should not be president. You can’t have a president (i.e., Chief Executive) whose duty it is to uphold the law, while trying to usurp the law because it doesn’t suit him.
The bolded statement is the very essence of the case. We cannot allow a national election to be determined by partisan politics at the state level. How a state handles elections for their representatives is one thing…when you start talking about the presidency it is quite another matter…that position impacts the entire US and is voted upon by the entire US.
Gore was absolutely correct IMO to fight this decision. Florida was, and remains a disaster on the elections front, and no state has the right to sway a national election with either their incompetence or their internal politics.
Thankfully, their continued inability to get their house in order was not a factor in 2012.
 
Oldcelt, while you may or may not have a point about Florida election integrity, I wonder if you are remotely worried about the attitude that you seem to have that places greater trust in the notion of central government command and control.

I’d suggest that, on the contrary, our freedoms and rights are far safer in a system of distributed power than when that power is concentrated in one place, even if some of the places it is distributed are wacky. Food for thought.
 
IMHO, the case should have never been in the court system in the first place. Florida (and every other state in the nation) has election laws that dealt with the very problems that arose during the Florida election. The issue for some people was that because of the makeup of the Florida legislature, where this issues was to be resolved by law, the decision would have almost certainly gone to Bush. So the Gore camp brought it to the court hoping for a different outcome.

While most people missed this fact, for me, this is the primary reason Gore should not be president. You can’t have a president (i.e., Chief Executive) whose duty it is to uphold the law, while trying to usurp the law because it doesn’t suit him.
Yes, but Gore got the last laugh. He seems to be quite a wealthy man now.

Who in his right mind would want to be the President anyway?
 
Sandra’s nomination was one of Reagan’s worst decisions, as she was always a mushy moderate who often ignored the Constitution. This silly outburst now can be forgiven thanks to advanced age, however. The Fl. Supreme Court ruled against its own state constitution regarding electors. Had GORE had the narrow advantage, they’d have ruled unanimously the other way. Just like all progressives, the means justify the ends to them, and everything is relative. :rolleyes: Rob
 
The bolded statement is the very essence of the case. We cannot allow a national election to be determined by partisan politics at the state level. How a state handles elections for their representatives is one thing…when you start talking about the presidency it is quite another matter…that position impacts the entire US and is voted upon by the entire US.
If the federal government wants to change the way election laws for the president are handled at the state level, then the U.S. Congress can do so. Given that they haven’t since this case, it apparently is not that important. In the meantime, presidential candidates in a race should not be suing because they don’t like the way the state chooses it electors.

People were up in arms about hanging chads and other uncertain votes. However, people also forget we don’t live in a democracy, but rather a representative republic. As a result, the votes only matter to a point, and when it is uncertain, the selection of electors is put in the hands of the representatives of the people.
 
Oldcelt, while you may or may not have a point about Florida election integrity, I wonder if you are remotely worried about the attitude that you seem to have that places greater trust in the notion of central government command and control.

I’d suggest that, on the contrary, our freedoms and rights are far safer in a system of distributed power than when that power is concentrated in one place, even if some of the places it is distributed are wacky. Food for thought.
I am far more concerned about the actions of regional groups that threaten the integrity of the overall system. We seem to disagree regarding which system is safer…states rights as an absolute has been gone for a very long time. That has been decided on the battlefield and in the courts and legislatures.
As I said…the states can conduct the elections for their officials any way they want, so long as the do not influence the outcome of a national election or violate the voting rights of any of their citizens.
Then that becomes my (our) problem.
 
If the federal government wants to change the way election laws for the president are handled at the state level, then the U.S. Congress can do so. Given that they haven’t since this case, it apparently is not that important. In the meantime, presidential candidates in a race should not be suing because they don’t like the way the state chooses it electors.

People were up in arms about hanging chads and other uncertain votes. However, people also forget we don’t live in a democracy, but rather a representative republic. As a result, the votes only matter to a point, and when it is uncertain, the selection of electors is put in the hands of the representatives of the people.
Sorry, but I will never be comfortable with the representatives of ANY state deciding a presidential election when it was that state that botched the election. That is a recipe for fraud on an epic level.
This is why I support a switch from representative to straight popular vote for national elections. It is far harder to steal enough votes nationwide to change an outcome…less difficult on a state level.
 
For a second, I thought someone must have resurrected a thread from 12 years ago. But then I realized CAF wasn’t around then. 😛

It is interesting to me that she picks this as the most controversial case from her tenure. I think the Court already had a “less-than-perfect reputation” before this case, so that strikes me as a bit of an odd comment. 🤷
 
Sorry, but I will never be comfortable with the representatives of ANY state deciding a presidential election when it was that state that botched the election. That is a recipe for fraud on an epic level.
It’s been that way for 237 years, and is unlikely to change anytime soon.
This is why I support a switch from representative to straight popular vote for national elections. It is far harder to steal enough votes nationwide to change an outcome…less difficult on a state level.
But the Florida example is exactly why there needs to be a backup plan. The problem with the votes in question is that they are uncertain, and how do you decide uncertain votes with certainty? Simple…you don’t.

The more that time goes on, the greater our understanding of how smart our Founding Fathers really were.
 
The bolded statement is the very essence of the case. We cannot allow a national election to be determined by partisan politics at the state level. How a state handles elections for their representatives is one thing…when you start talking about the presidency it is quite another matter…that position impacts the entire US and is voted upon by the entire US.
Gore was absolutely correct IMO to fight this decision. Florida was, and remains a disaster on the elections front, and no state has the right to sway a national election with either their incompetence or their internal politics.
Thankfully, their continued inability to get their house in order was not a factor in 2012.
That’s just the point though. The U.S. does not have a national election for U.S. president.
We have 50 state elections to vote for electors who cast votes for president.

Can you imagine what a nationwide recount for a national election would look like?

(And at one time, it was state legislatures, not the general population, which voted for and selected U.S. Senators, while the House members were voted on by the general public. Not sure that that might not have been a better system. Gerrymandering has ruined the representational effect of general elections.)
 
Maybe she does have a point. The Constitution already has been written to cover disputes of this nature.
2: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
3: The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.8
4: The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
5: No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
 
That’s just the point though. The U.S. does not have a national election for U.S. president.
We have 50 state elections to vote for electors who cast votes for president.

Can you imagine what a nationwide recount for a national election would look like?

(And at one time, it was state legislatures, not the general population, which voted for and selected U.S. Senators, while the House members were voted on by the general public. Not sure that that might not have been a better system. Gerrymandering has ruined the representational effect of general elections.)
And has ruined any logic in having a single gerrymandered state legislature essentially decide a presidential election.

Our founders were bright guys, but they could never have envisioned a nation this large or politically complex. It may be time to revisit some of their work regarding elections rather than doing crisis control.
In all honesty, the restraint of the American people in 2000 amazed me. Things have become much more hostile politically since then. I’d hate to see anything close to that in today’s environment.

The presidential elections have generally not been very close from a popular standpoint. I don’t think that recounts would be a major issue under a popular vote system
 
Our founders were bright guys, but they could never have envisioned a nation this large or politically complex. It may be time to revisit some of their work regarding elections rather than doing crisis control.
Actually, the system they designed works much better than a democracy as the population increases. There are only a few instances where true democracy has been implemented, and they are basically isolated to small tribes, or city states that are much smaller than anything we deal with today.
 
Actually, the system they designed works much better than a democracy as the population increases. There are only a few instances where true democracy has been implemented, and they are basically isolated to small tribes, or city states that are much smaller than anything we deal with today.
I don’t see how a convoluted system can be said to work better. If thus and such happens then so and so occurs except in the case of X…
I guess that in the modern age I refuse to believe that we can’t count votes correctly if we really try. I’m not talking about direct democracy for every issue like they do in some small towns…just the election of national officials. I elect my senators and representatives by popular vote.
By going to straight popular vote for president you eliminate everything but the most unlikely scenarios and the every 4 to 8 years of complaining about the electoral college… depending on how people feel about the outcome.
We have not had a presidential election in a very long time, if ever, that any reasonable case could be made for a recount of the popular vote nationwide. In 2000, if I recall correctly, Gore won the popular vote by more than 500,000 votes nationwide. I can’t imagine what could have been claimed to prompt a recount in that election if a popular vote model had been in place.
Instead, we had a bitterly divisive battle over votes in a few Florida counties. We got through that one…I’m not so confident that we would do so well were it to happen again.
 
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