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the role and function of the judge
role of judges in the court system
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People went to bed one night thinking that Gore had won, but when they woke up they found out that bush had won with Florida’s twenty-five electoral votes. It happened on November 7, 2000. Bush charged that the recounts in Florida broke the rules of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. A 7-2 majority ruled that the Florida recount was being conducted unconstitutionally. The case was covered in controversy as the Majority versus minority opinion on the redress was split along the lines of the more reactionary justices voting in favor of Bush and the more liberal justices voting in favor of Gore. The minority disunity noted these issues and other including the principle of equality and the conflicting laws which could be interpreted as counterbalancing the December 12 deadline. Bush vs. Gore crisis wasn’t the courts first raid into the principality of emperor making. It was 4:00 P.M. when Bill Schneider said, “It’s going to be a very close call.” It was 48 to 48 on the national popular vote. On December 2000 the Florida Supreme Cou...
In January of 2010, the United States Supreme Court, in the spirit of free speech absolutism, issued its landmark Citizens United v. Federal Election Commission decision, marking a radical shift in campaign finance law. This ruling—or what some rightfully deem a display of judicial activism on the part of the Roberts Court and what President Obama warned would “open the floodgates for special interests—including foreign corporations—to spend without limit in…elections” —effectively and surreptitiously overturned Austin v. Michigan Chamber of Commerce and portions of McConnell v. Federal Election Commission, struck down the corporate spending limits imposed by Bipartisan Campaign Reform Act of 2002, and extended free speech rights to corporations. The purpose of this paper is to provide a brief historical overview of campaign finance law in the United States, outline the Citizens United v. Federal Election Commission ruling, and to examine the post-Citizens United political landscape.
The final outcome to the case of Clinton v. The City of New York was very surprising to many different people. The constitutional issues that were brought up was that with the Line Item Veto Act the President had too much power. Many arguments were brought up in the Supreme Court from both the majority and the dissenting sides. The whole case being ruled unconstitutional by the Supreme Court and then coming to a mooted point to this day. I believe that this ruling was incorrect in the fact that the majority should feel good that they had received the rest of the bill.
... of Florida, under the Electoral College, electoral votes for the candidate running for office receive a plurality of their popular vote. Therefore, whoever gets the majority of the national electoral votes wins the election. Bush won by a narrow margin of these votes resulting in a mandatory machine recount, which afterwards concluded that Bush’s victory margin, was even narrower. This allowed Al Gore to request a recount in the counties of his choice, so naturally he chose the counties whose votes were historically democratic. The uncertainty continued through the circuit courts all the way to The Florida Supreme Court who ruled in Bush v. Gore that there was not enough time to recount the popular vote ballots without violating the United States constitution. The recounting of the ballots would have violated the Fourteenth Amendments “Equal Protection Clause”.
Golden, A. L. (2001). Disputed ballots, partisan conflict, and constitutional uncertainty: The election of 2000 in historical context. The American Behavioral Scientist, 44(12), 2252-2268. Retrieved from http://search.proquest.com/docview/214769221?accountid=45049
What amendment to the United States constitution is considered to be illegally ratified? What amendment both grants the right to vote to men and then takes away that right to vote? If you answered the fourteenth amendment to both questions you would be right. Although most people think of the fourteenth amendment as being a "civil rights" amendment, it also defines citizenship, voting rights, and states congressional representatives and electors numbers. In this paper I will talk about how the passage of the fourteenth amendment was a relevant event in history, how it impacts our country today, how it is viewed as the civil rights amendment in our textbook, how it has both positive and negative elements to it, and how I would have handled it.
Bush v. Gore was a controversial case that was heard on December 11, 2000. This case decided the outcome of the 2000 presidential election between Vice President Gore and Texas Governor George W. Bush.
...n their opinion, protected the right of citizens to vote. The Constitution was also used in the majority opinion to support the striking down of Section 4(b). Justice Roberts said that the constraints of Section 4(b) are in violation of the Constitution, which gives the power to regulate elections to the states, not to the federal government. Section 4(b) is a federal act that singles out the voting processes of certain states and jurisdictions. It can be said that the regulation of Section 5 and the coverage of Section 4(b) allow for the federal government to control in the elections of the covered areas. This case struck down Section 4(b), and effectively eliminated the use of Section 5, of the Voting Rights Act, which many consider to be an extremely significant act in the Civil Rights Movement. Shelby County v. Holder has not been superseded by any other cases.
v[vii] “The Green Papers: Election 2000 Presidential Primary Season.” The Green Papers: Election 2000. 18 Mar. 2000. Online. Internet. 18 Mar. 2000. Available: http://www.thegreenpapers.com/.
Ross, Kelly. “Electoral College Outdated.” Northern Arizona News. 6 Feb. 2011. Web. 13 Mar. 2012.
In 1992 the incumbent president George Bush was seeking reelection. It was the general consensus that he would be the 'hands down, no contest winner'. When the smoke had cleared and the votes were tallied, many were shocked at the results. Arkansas Governor Bill Clinton had defeated the incumbent by a landslide! How could this be? How did the commander and chief of what could be considered the greatest victory in modern American history defeat the Iraqi army and one year later lose the election for the presidency? The answers to these questions as well as explanations for the outcome lie within the campaign strategies and tactics used by each candidate. There were various major political events and public opinion data that occurred throughout the general election stage of the campaign. This paper will analyze both the political events and the public opinion data, in hopes of developing a better understanding as to what helped shape the overall outcome. There were three candidates in the race for the presidency, President Bush (R), Bill Clinton (D), and Ross Perot (I). Each of the three, to a greater or lesser extent, focused their campaign on the economy. President Bush focused more of his campaign on criticizing his opponents primarily Bill Clinton. He would often compare the economy to that of other nations, claiming it wasn't all that bad and resumed attacking his opponents. Bill Clinton on the other hand focused his campaign strategy on implementing the need for 'change.' At that time the national debt and unemployment was rising. Clinton vowed to improve the economy and the quality of life for the American people by bringing about change. Ross Perot was more of a crusader against Washin...
Neale, Thomas H., CRS Web. CRS Report For Congress. The Electoral College: How It Works in Contemporary Presidential Elections. 28 September, 2004. http://fpc.state.gov/documents/organization/36762.pdf
Did someone say Vice President Al Gore won Florida? How about NBC, CBS, ABC, CNN, FOX, and any body else. Now look what's happening.
During the November 2000 presidential elections, two children tried to make daddy proud. First there was Albert Gore Jr. – the son of a powerful and respected senator of Tennessee – who was no stranger to politics and privilege. As a child he attended the prestigious St. Alban’s School and while growing up, it was common to see then Vice President Richard Nixon as a guest at the family dinner table. Then there was George W. Bush – a third-generation politician, with his grandfather a former senator, his brother the governor of Florida, and his father being former president. The November 2000 presidential elections would become the battle of dynastic supremacy. Whose silver spoon was shiniest? In the end, Bush’s spoon was voted most polished (at least by the electoral standards, certainly not by the popular) and was given the presidential seat. The election had many Americans frustrated, echoing columnist Lars-Erik Nelson’s protest, “Bush’s spectacular career rebuts the notion that America has become a meritocracy, in which we are all born equal and then judged upon our intelligence, talent, creativity, and aggressiveness” (qtd. in Maass 10).
Raasch, Chuck. "Electoral College Debate Intensifies." USA Today. 24 September 2004. . [13 November 2004].
Williams, N. R. (2012). Why the National Popular Vote Compact Is Unconstitutional. Brigham Young University Law Review, 2012, 1523-1583