Bush v Gore: 531 US 98 (2000) Analytical Essay

Bush v Gore: 531 US 98 (2000)
Looks at the decision in Bush v Gore: 531 US 98 (2000), the United States Supreme Court decision that resolved the 2000 presidential election.
# 149323 | 3,015 words | 12 sources | APA | 2011 | US


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Description:

This paper describes the complex legal case, which occurred from the very close election in Florida during the 2000 presidential election between Vice-President Albert Gore and the Republican candidate George Bush, in regards to the status of undervotes. Next, the author details the intricate legal procedural history and the opposing arguments that undervotes may be constitutionally protected free speech that cannot be overruled by the Florida Supreme Court or that, by changing the election laws at this time, all the voters of Florida in this election would be disenfranchised. The paper supports the constitutionality of the appeal to the United States Supreme Court for immediate action because any recounting of invalid votes would have undermined the legitimacy of the Bush presidency and the orderly transition of power so esteemed by the United States democratic processes.

Table of Contents:
Statement of Case
Procedural History
Facts of the Case
Questions Presented
Summary of Argument
Argument
Conclusion

From the Paper:

"Thus, was the State of Florida to continue unconstitutionally interfering post-election with its existing rules and processes, its electors might not be able to be seated, and the entire state of Florida might be disenfranchised of its ability to vote.
"In addition, the constant and repeated extension of the time allotted to each county to present their vote to the Florida Secretary of State, and the forced allowance of amended returns, has only applied to four counties out of all of Florida's counties. The strict and obsessive scrutiny on the manual recount has also applied to only those counties, thus creating a situation where, as the Attorney General of the State of Florida noted in his letter of November 14, 2000 to the Chair of the Palm Beach County Canvassing Board, "A two-tier system would have the effect of treating voters differently depending on what county they voted in. The voter in a county where a manual count was conducted would benefit from having a better chance of having his or her vote actually counted, than a voter in a county where a hand count was halted."
"This creation of a two-tier system would be blatantly unconstitutional even if it were not designed to favor Democratic votes over Republican ones, by choosing the most heavily Democratic counties: Miami-Dade, Brower, Volusia, and Palm Beach counties, to give an extremely sympathetic recount of the votes."

Sample of Sources Used:

  • Bush v Palm Beach County Canvassing Board BOARD et al -531 U.S. 70 (2000)http://supreme.justia.com/us/531/70/case.html
  • Albert Gore v Katherine Harris, Case No. 00-2808, Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida (2000): http://jurist.law.pitt.edu/election/00-2431_transcript.pdf
  • Reynolds v Sims 377 U.S 533 (1964) http://laws.findlaw.com/us/377/533.html
  • Siegel v Lepore 234 F.3d 1218 (11th Cir. 2000) http://caselaw.findlaw.com/us-11th-circuit/1493397.html
  • Palm Beach County Canvassing Bd v Harris, 772 So. 2d 1220-Florida Supreme Court (2000) http://scholar.google.com/scholar_case?case=3565900261165527141&hl=en&as_sdt=2&as_vis=1&oi=scholarr#r[35]

Cite this Analytical Essay:

APA Format

Bush v Gore: 531 US 98 (2000) (2011, December 06) Retrieved November 17, 2019, from https://www.academon.com/analytical-essay/bush-v-gore-531-us-98-2000-149323/

MLA Format

"Bush v Gore: 531 US 98 (2000)" 06 December 2011. Web. 17 November. 2019. <https://www.academon.com/analytical-essay/bush-v-gore-531-us-98-2000-149323/>

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