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Old July 19th 04, 07:21 PM
Mark Cook
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"WalterM140" wrote in message
...
Bush was not elected. He was appointed. We'll fix that in November.

Elected by the Congress, like all Presidents in a joint session that
most Americans regard as a formality if they know about it at all.


Michael Moore uses some footage in "Fahrenheit 911" from the 2000

certification
of Florida's elctoral votes in the Senate. They could have been challenged

if
any one senator had agreed to co-sign the documentation provided by black
members of Congress.


Yes, they could have challenged, but would have lost. With the make up of
Congress, and the Electoral Count Act of 1887, only the candidate who held
state certification would win this type of challenge. Of course, Bush held
state certification as a result of the remedy crafted by the Democrat
majority of the Florida Supreme Court (Palm Beach County Canvassing Board
vs. Harris). Instead of ordering a full recount, the court decided that
state certification would be awarded to the winner of 4 Democrat majority
county recount.

"Rougher translation: We're giving you a chance to explain your way out of
the federal law trap into which you stumbled on Nov. 21. But we don't see
how you can do it. And by the way, it isn't only us that you have to
convince. Under another provision of that 1887 act (3 U.S.C. section 15),
the Bush electors that Gov. Jeb Bush has already certified and sent to
Congress, via the archivist of the United States, will be the ones counted,
unless any Gore electors approved by the Florida courts can pass muster with
both the Republican-controlled House and the Senate. Not much chance of
that."

http://www.theatlantic.com/politics/...2000-12-13.htm

While Democrats will argue that is was Gore's right to only protest counties
that he wanted, his short-sighted decision cost him the election.

Since you seem pretty familiar with this, what do you think about the

rationale
the Supreme Court used to close out the Florida recount?

My understanding is that the Court has usually deferred to state courts in
interpreting state constitutions.


That is the problem. The US Constitution gives the state legislature the
right to enact election law. The Florida Supreme Court CANNOT use the state
constitution to change those codes. See the article above.

But here, they took the issue away from the state court
and basically declared Bush the winner.


No, Bush was already the winner by that time, see above.

In "F-911" you can hear Congresswoman Corrine Brown say that 16,000 of her
constituents had been illegally disinfranchised in Duvall County.

Bush is already gearing up to steal this election. Karl Rove, his
communication director worked with Donald Segretti, who served time in

prison
for his activities in the 1972 campaign. Bush actually has Nixon
adminstration officals working for him. These include Cheney and

Rumsfeld.

The Republican Party dirty tricks organization is hard at work and has

been
since Nixon's time.

Walt