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In reply to the discussion: Hey, Democratic Underground! Thom Hartmann called you out! [View all]Zorra
(27,670 posts)They are essentially kings and queens, and we have no way, NO RIGHT, to redress any grievances we may have with their decisions.
"At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life, if secured against all liability to account."
Thomas Jefferson--1823
SUPREME COURT OF THE UNITED STATES
GEORGE W. BUSH, et al., PETITIONERS v.
ALBERT GORE, Jr., et al.
ON WRIT OF CERTIORARI TO THE FLORIDA SUPREME COURT
[December 12, 2000]
The judgment of the Supreme Court of Florida is reversed, and the case is remanded for further proceedings not inconsistent with this opinion.
Pursuant to this Courts Rule 45.2, the Clerk is directed to issue the mandate in this case forthwith.
It is so ordered.
Note: The following is a pdf.file
GEORGETOWN LAW
The Scholarly Commons
What's So Bad About Bush v. Gore? An Essay on
Our Unsettled Election
GEORGETOWN LAW
Faculty Publications
Table of Contents
I. IN'TR.ODuCTIoN ........ III III .................... III III III .. III ...... III ................ 953
ll. TIm DECISION ................ III .................................... III ............ 964
A. Prologue: How the Supreme Court Ran Out the Clock .. 964
B. The Supreme Court's Frantic Search for a Constitutional
Problem. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. III .. .. .. .. .... III .. .. III .. .. .. .. 971
1. The Mythical Equal Protection Problem .......... 972
2. The Mythical § 5 Deadline .................. 984
3. The Mythical Article n Problem ............... 992
m. THE DEEP POUTICS OF BUSH V. GORE . . . . . . 1005
A. In Partial Defense of a Political Decision .......... 1005"
B. Towardan Unsettled Constitution . ............. 1019
http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1213&context=facpub