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Old 09-18-2007, 07:02 AM
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Quote:
Originally Posted by nonsqtr";p=&quot View Post
What's the connection? Between the 10th and BvGore?

(Sorry, not being flippant, just temporarily stupid.... I'm not really following this train of thought. Are you saying the federal government had no right to force a recount? Or what are you saying exactly?)
No worries friend.

"The Florida Supreme Court decision that was overturned in Bush v Gore was consistent with the plain language of the principal statute involved—the Florida statute governing contests of election certifications".[1]

So does a state have the right to run elections how they want to?

"The Rehnquist Court assert[ed] the judiciary’s role (or, in its words, “unsought responsibility”) to resolve the relevant constitutional questions rather than deferring to the political process."[2]

In today's political jargon, we call that judicial activism. And I'm no fan of Mr. Gore Vidal, but Bush v. Gore makes for strange bedfellows:

"Well, this gang is extraordinary in its looseness, dedicated as they are to the 10th Amendment; they then go and overthrow a supreme court, something someone who believes in states' rights could never have done."[3]

The 10th is clear:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

[1]here
[2]here
[3]here
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