Bush v. Gore Case Brief. A "yes" or "no" answer to the question framed in the issue section; A summary of the majority or plurality opinion, using the CREAC method; and. §5 for decisions governing the selection of electors provides that a state’s selection of electors is conclusive and governs the counting of electoral votes if the electors are chosen under state laws enacted prior to election day, and if the selection process is complete six days prior to the meeting of the Electoral College.

The present dispute over the counting of votes is driven by the process of voting with a balloting machine, which are designed to record votes through the perforation of a ballot card by a stylus. Otherwise, different standards will be applied throughout the recount for determining whether a vote was cast, resulting in impermissible inequality of treatment of votes. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. Despite the court's ruling the case was not meant to set precedent for future cases. The Supreme Court of Florida reversed, however, noting that the trial court used the wrong standard in requiring Defendant to demonstrate a “reasonable probability” that the election would have been decided differently. Whether the use of standardless manual recounts of votes violates the Equal Protection Clause of the Fourteenth Amendment. In fact, it vested considerable authority in the Secretary of State, designating the Secretary of State as the chief elections official, and as we point out, the very first provision in the election code requires the Secretary of State to assure uniformity and consistency in the application and enforcement of the election law. The procedural disposition (e.g. Your Study Buddy will automatically renew until cancelled. Select a subject to preview related courses: The Bush v. Gore case was a 5-4 decision. Your Study Buddy will automatically renew until cancelled. The Court’s ruling focused on the “safe harbor provision” of 3 U. S. C. §5, which asserted that state provisions for conclusively certifying a Presidential candidate in a contested election will be recognized as valid by the federal government if the provisions are in place six days prior to the meeting of the electoral college (in that year, the college would convene on December 18, 2000). You can test out of the §5. Concerns over the accuracy of the recount are addressed by the requirement that an impartial magistrate adjudicate all objections arising from the recount process. We’re not just a study aid for law students; we’re the study aid for law students. Gore v. Harris, ___ So. Earn Transferable Credit & Get your Degree. George W. Bush's campaign requested a writ of certiorari to stop the recount ordered by Florida's Supreme Court.

On the first, it seems to me essential to the republican theory of government that the constitutions of the United States and the states are the basic charter, and to say that the legislature of the state is unmoored from its own constitution and it can't use its courts, and it can't use its executive agency, even you, your side, concedes it can use the state agencies, it seems to me a holding which has grave implications for our republican theory of government.

Thus the case should have been resolved by the Florida Supreme Court based on an interpretation of state law. The Supreme Court granted a stay and certiorari. - Definition & Examples, What Is Social Networking in Management?

2 of the Constitution. practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case Eight days earlier, the Court unanimously decided the closely related case of Bush v. Given all these factors, the remedy issued by the Florida Supreme Court violates the statutory framework in place on election day and the federal safe harbor provision.

Bush v. Gore Facts.

It assumed that they would all be lumped in together somehow. The first presidential candidate to reach 270 points, a majority of the points becomes the next president. The report received top marks. Bush’s win was secured by the electoral college votes of Florida, but the difference between the individual vote counts for Gore and for Bush were so close that Florida law mandated a recount of the votes.

Just one week ago, this Court vacated the Florida Supreme Court's November 21 revision of Florida's election code, which had changed statutory deadlines, severely limited the discretion of the State's chief election officer, changed the meaning of words such as shall and may into shall not and may not, and authorized extensive standardless and unequal manual ballot recounts in selected Florida counties. The Decision of the Court. 's' : ''}}. Did the Florida Supreme Court violate Article II Section 1 Clause 2 of the U.S. Constitution by making new election law? Unlock your Study Buddy for the 14 day, no risk, unlimited trial. In this lesson, we will take a deeper look at this case. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. credit by exam that is accepted by over 1,500 colleges and universities. Bush v. Gore Case Brief - Rule of Law: In the event of a contested presidential election, the Equal Protection Clause requires states conducting a manual.

Sciences, Culinary Arts and Personal The majority’s opinion is correct, but additional grounds exist for invalidating the Florida Supreme Court’s decision.

Despite the slim margin of victory, George W. Bush still won the first recount, which was determined by the Supreme Court in Bush v. Gore to be the only legal recount. The Florida Supreme Court’s interpretation of its own electoral law is entitled to deference. The Supreme Court ruled that the manual recount was fair in theory but it was unfair in practice, ruling in favor of George W. Bush. Precedent means the court's decision is meant to provide an example for similar issues in the future. Can you use this theory and say that it creates some sort of presumption of validity that allows us to see whether this court or the executive has gone too far? Shortly after the manual recounts began, Bush requested that the United States Supreme Court grant a stay of the mandate ordering the recount. “Safe harbor” also required that any remedial measures such as recounts in connection with the election certification process be completed by that same deadline to be recognized in the same manner by the federal government. Al Gore supporters were incensed. Security, Unique For the first two issues, Plaintiff presents no evidence that a manual recount of votes would identify additional legal votes. The central themes of this case are state recount standards for federal elections, the Equal Protection Clause, and the Due Process Clause of the Constitution. Thus, none of the Florida Supreme Court’s actions violate Article II of the Constitution.

Plaintiff filed an emergency application for a stay to the Florida Supreme Court’s mandate that there had to be a manual recount of votes, alleging that the differing standards used to recount the votes in each county created a violation of the Fourteenth Amendment.

Further, Gore claimed that the state recount process may have violated a federal elections statute. The Bush campaign immediately filed suit, and the U.S. Supreme Court issued a writ of certiorari to take up the case the following day. If the order was determined not to be a law, then the recount would continue, and when it was competed, Florida's Secretary of State could certify the results, making the results official. HAVEN’T FOUND ESSAY YOU WANT? The operation could not be completed. The Court further noted that any further “appropriate” relief—such as a recount of ‘undervotes’ ordered by the Florida Supreme Court—in connection with the overall recount process had to have been completed by December 12. This writ of certiorari led to the Bush v. Gore case. It also ordered that every county in Florida must immediately begin manually recounting all "under-votes" (ballots which did not indicate a vote for president) because there were enough contested ballots to place the outcome of the election in doubt. However, in some cases, a piece of the card was left hanging (a hanging chad) or was merely indented (a dimpled chad), rather than a clean hole punched. We provide comprehensive test prep courses on mobile devices, including BarMax Bar Exam Review and LSATMax LSAT Prep. This ruling is abstract and standardless and does not satisfy the minimum requirements for non-arbitrary treatment of voters necessary to secure the fundamental right of voting. The counting machines automatically rejected any ballots that they could not read, including ballots with hanging or dimpled chads. So, Gore filed a lawsuit to force completion of the recount. Mike is a veteran of the New Hampshire public school system and has worked in grades 1-12. A writ of certiorari is an emergency petition to the Supreme Court, who ordered a freeze of the recount. If you logged out from your Quimbee account, please login and try again. On this issue, the actions of the Florida Supreme Court did not substantially change the electoral scheme contemplated by the Florida legislature. The issue section includes the dispositive legal issue in the case phrased as a question. Souter, J. To learn more, visit our Earning Credit Page.
His role has varied from primary instructor to special needs support. Justice Kennedy, the Constitution specifically vested the authority to determine the manner of the appointment of the electors in state legislatures. In U.S. presidential elections, getting the most votes doesn't ensure victory. 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. However, there were no uniform guidelines for assessing the ballots. If the Supreme Court determined that the order constituted a new law, the order would be struck down because courts cannot create laws. Services. That decision not only changed Florida election law yet again, it also explicitly referred to, relied upon, and expanded its November 21 judgment that this Court had made into a nullity. The court defined a "legal vote" as one with a "clear indication of the intent of the voter." The third and final issue is whether the manner of interpreting markings on disputed ballots violates the Equal Protection or Due Process Clauses of the Constitution. In doing so, the court attempted to circumvent the safe harbor provision protecting the prior system of choosing state electors by imposing a completely new system. Academic Content. - Definition, Impact & Advantages, How to Set Up a Class and Invite Students in Your Study.com Virtual Classroom, Study.com's Guidance and Coaching Service, Online History Lessons to Use for School Closures, Tech and Engineering - Questions & Answers, Health and Medicine - Questions & Answers, Working Scholars® Bringing Tuition-Free College to the Community. courses that prepare you to earn 2d 1243 (2000). This is an undergraduate level analysis written for an American Constitutional History course at a top-tier US private college.

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